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As AI-generated fake content mars legal cases, states want guardrails

CoCounsel Legal is an artificial intelligence tool that acts as a virtual assistant for legal professionals. More people in the legal field are using AI to automate repetitive tasks and save time, but hallucinations have led to fake cases and false information in legal documents.

CoCounsel Legal is an artificial intelligence tool that acts as a virtual assistant for legal professionals. More people in the legal field are using AI to automate repetitive tasks and save time, but hallucinations have led to fake cases and false information in legal documents. (Photo by Madyson Fitzgerald/Stateline)

Last spring, Illinois county judge Jeffrey Goffinet noticed something startling: A legal brief filed in his courtroom cited a case that did not exist.

Goffinet, an associate judge in Williamson County, looked through two legal research systems and then headed to the courthouse library — a place he hadn’t visited in years — to consult the book that purportedly listed the case. The case wasn’t in it.

The fake case, generated by artificial intelligence, came across Goffinet’s desk just a few months after the Illinois Supreme Court’s policy on the use of AI in the courts took effect. Goffinet co-chaired a task force that informed that policy, which allows the use of AI as long as it complies with existing legal and ethical standards.

“People are going to use [AI], and the courts are not going to be able to be a dam across a river that’s already flowing at flood capacity,” Goffinet said. “We have to learn how to coexist with it.”

As more false quotes, fake court cases and incorrect information appear in legal documents generated by AI, state bar associations, state court systems and national law organizations are issuing guidance on its use in the legal field. A handful of states are considering or enacting legislation to address the issue, and many courts and professional associations are focused on education for attorneys.

Federal judge mulls sanctions for attorneys who used AI in court filing

From divorce cases to discrimination lawsuits, AI-generated fake content can cause evidence to be dismissed and motions to be denied.

While some states urge attorneys to lean on existing guidance about accuracy and transparency, the new policies address AI concerns related to confidentiality, competency and costs. Most policies and opinions encourage attorneys to educate themselves and to use proprietary AI tools that prevent sensitive data from being entered into open source systems. Since AI tools could also increase efficiency, several policies advise attorneys to charge less if they spend less time on cases.

Some states, such as Ohio, also ban the use of artificial intelligence for certain legal tasks. In Ohio, courts are prohibited from using AI to translate legal forms, court orders and similar content that may affect the outcome of a case.

Several states have also advised legal professionals to adhere to the American Bar Association’s formal opinion of ethical AI use in law.

Artificial intelligence can help attorneys and law firms by automating administrative tasks, analyzing contracts and organizing documents. Generative AI can also be used to draft legal documents, including court briefs. Experts say the use of AI productivity tools can save legal professionals time and reduce the risk of human error in everyday tasks.

But law professionals nationwide have faced fines and license suspensions, among other consequences, for submitting legal documents citing false quotes, cases or information.

Many legal professionals are likely to not notice instances in which an AI system is “hallucinating,” or confidently making statements that are not true, said Rabihah Butler, the manager for enterprise content for Risk, Fraud and Government at the Thomson Reuters Institute. The institute is a research subsidiary of the Thomson Reuters company, which sells an AI system meant to help lawyers.

AI has such confidence, and it can appear so polished, that if you're not paying attention and doing your due diligence, the hallucination is being treated as a factual piece of information.

– Rabihah Butler, manager for enterprise content for Risk, Fraud and Government at the Thomson Reuters Institute

Courts and law organizations will need to consider education, sanctions and punitive actions to ensure law professionals are using AI appropriately, Butler said.

“AI has such confidence, and it can appear so polished, that if you’re not paying attention and doing your due diligence, the hallucination is being treated as a factual piece of information,” she said.

Since the beginning of 2025, there have been 518 documented cases in which generative AI produced hallucinated content used in U.S. courts, according to a database by Damien Charlotin, a senior research fellow at the HEC Paris business school.

“So far, if we’re looking at the institutional response, there’s not a lot because people are not very sure how to handle this kind of issue,” Charlotin said. “Everyone is aware that some lawyers are using artificial intelligence in their day-to-day work. Most people are aware that the technology is not very mature. But it’s still hard to prevent a mistake.”

State guidance

As of Jan. 23, state bar associations or similar entities have issued formal guidance on the use of AI in at least 10 states and the District of Columbia, typically in the form of an ethics opinion. Those aren’t enforceable as law, but spell out proper conduct.

In February, for example, the Professional Ethics Committee for the State Bar of Texas issued an ethics opinion that outlines issues that may arise from law professionals using AI. Texas lawyers should have a basic understanding of generative AI tools and guardrails to protect client confidentiality, it said. They should also verify any content generated by AI and refrain from charging clients for the time saved by using AI tools.

Legal professionals must be aware of their own competency with AI tools, said Brad Johnson, the executive director of the Texas Center for Legal Ethics.

“A really important takeaway from the opinion is that if a lawyer is considering using a generative AI tool in the practice of law, the lawyer has to have a reasonable and current understanding of the technology because only then can a lawyer really evaluate the risks that are associated with it,” he said.

Court systems in at least 11 states — Arizona, Arkansas, California, Connecticut, Delaware, Illinois, New York, Ohio, South Carolina, Vermont and Virginia — have established policies or issued rules of conduct regarding AI use by law professionals.

Illinois, for instance, allows lawyers to use artificial intelligence and does not require disclosure. The policy also emphasizes that judges will ultimately be responsible for their decisions, regardless of “technological advancements.”

“The task force wanted to emphasize that as judges, what we bring to the table is our humanity,” said Goffinet, the associate judge. “And we cannot abdicate our humanity in favor of an AI-generated decision or opinion.”

Former lawyer seeks reinstatement after sanctions, arrest and contempt findings

Some state lawmakers have tried to address the issue through legislation. Last year, Louisiana Republican Gov. Jeff Landry signed a measure that requires attorneys to use “reasonable diligence” to verify the authenticity of evidence, including content generated by artificial intelligence. The law also allows parties in civil cases to raise concerns about the admissibility of evidence if they suspect it was generated or altered by artificial intelligence.

California Democratic state Sen. Tom Umberg also introduced legislation last year that would require attorneys to ensure confidential information is not entered into a public generative AI system. The measure, which was approved by the Senate Judiciary Committee last week, also would require attorneys to ensure that reasonable steps are taken to verify the accuracy of generative AI material.

Attorney education

It’s also important for state bar associations and law schools to provide education on artificial intelligence, said Michael Hensley, a counsel at FBT Gibbons and an advocate for the safe use of AI in California courts. AI has the ability to reduce research time just like online legal research systems, but it requires training, he said.

“I would hope the state bar would have training for this,” Hensley said. “And I think it’s absolutely imperative that law schools have a session on AI.”

In a Bloomberg Law survey conducted last spring, 51% of the more than 750 respondents said their law firms purchased or invested in generative artificial intelligence tools. Another 21% said they planned to purchase AI tools within the next year. Attorneys reported using generative AI for general legal research, drafting communications, summarizing legal narratives, reviewing legal documents and other work.

Of the law firms that were not using generative AI, attorneys cited incorrect or unreliable output, ethical issues, security risks and data privacy as the top reasons.

While attorneys and law firms have become more comfortable with AI tools, courts have been more apprehensive, said Diane Robinson, a principal court research associate at the National Center for State Courts. Robinson is also project director at the Thomson Reuters Institute/NCSC AI Policy Consortium for Law and Courts, an association of legal practitioners and researchers developing guidance and resources for the use of AI in courts.

AI has the potential to improve case processing and can allow people needing legal advice to find information by using AI chatbots, she said. But, she added, courts are still struggling with evidence altered by AI and briefs littered with hallucinations.

“Fake evidence is nothing new,” Robinson said. “People have been altering photographs as long as there were photographs. But with AI, the ability to create videos, audio and pictures has become very easy, and courts are really struggling with it.”

Charlotin, of HEC Paris, said most courts and professional associations will continue to focus on education right now.

“You cannot prevent a mistake just by telling people, ‘Don’t make a mistake,’” Charlotin said. “That doesn’t work. It’s more about setting up processes to make people aware of it, then they can set up processes to work on dealing with it.”

Stateline reporter Madyson Fitzgerald can be reached at mfitzgerald@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

US Sen. Mark Kelly’s lawyers say Pentagon attempting to violate his constitutional rights

Arizona Democratic Sen. Mark Kelly speaks with reporters in the Mansfield Room of the U.S. Capitol building in Washington, D.C., on Monday, Dec. 1, 2025. (Photo by Jennifer Shutt/States Newsroom)

Arizona Democratic Sen. Mark Kelly speaks with reporters in the Mansfield Room of the U.S. Capitol building in Washington, D.C., on Monday, Dec. 1, 2025. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — Arizona Democratic Sen. Mark Kelly’s lawyers on Monday urged a federal judge to block the Defense Department from downgrading his retirement rank as a Navy captain and his pay for telling U.S. troops they aren’t required to follow illegal orders. 

Paul J. Fishman wrote in a 35-page filing that Defense Secretary Pete Hegseth’s attempt to punish Kelly for appearing in the video alongside other members of Congress violates several constitutional rights.  

“As a decorated combat veteran and member of the Senate Armed Services Committee, Senator Kelly is deeply committed to the necessity of good order and discipline in the armed forces,” Fishman wrote. “He asks this Court to reinforce, not degrade, those principles. 

“His speech—simply reminding servicemembers of their fundamental obligation not to follow unlawful orders— promotes good order. And discipline does not demand silence —particularly from those no longer serving on active duty.”

Fishman firmly rejected the Department of Justice’s assertion in a brief filed last week that the federal court system has no authority over the Defense Department’s actions in this instance. 

“Defendants begin from the premise that questions of ‘military discipline’ lie beyond judicial review,” Fishman wrote. “Their claim that this Court is ‘not permitted to address’ Senator Kelly’s challenge disregards reams of precedent reviewing military disciplinary actions and demands an untenable level of deference.”

Senior Judge Richard J. Leon, who was nominated to the bench by President George W. Bush, had scheduled a hearing on the issue for Wednesday, but postponed that until Feb. 3 due to the snowstorm. 

Hegseth pursues penalties

Defense Secretary Pete Hegseth announced earlier this month that he had started the process to downgrade Kelly’s retirement rank and pay, writing in a social media post that his “status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.”

The Defense Department letter of censure to Kelly alleged that his participation in the video undermined the military chain of command, counseled disobedience, created confusion about duty, brought discredit upon the Armed Forces and included conduct unbecoming of an officer. 

The video at the center of the debate featured Kelly, Michigan Sen. Elissa Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, and New Hampshire Rep. Maggie Goodlander, all Democrats with backgrounds in the military or intelligence community.

They said that Americans in those institutions “can” and “must refuse illegal orders.”

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

Kelly lawyer’s arguments

Fishman wrote in his brief that the Trump administration is asking the court to “embrace a novel rule” regarding the First Amendment: “that retired military veterans have no constitutional protection for their speech whenever the Secretary of Defense—in his sole discretion and without even identifying all of the speech at issue—concludes that it ‘risks undermining military discipline and good order.’” 

The Justice Department’s brief from last week, he wrote, erroneously argued that retired military officers can legally face punishment for speaking out against Defense Department policies they oppose.

“From Alexander Hamilton denouncing President Adams’s fitness to command during the Quasi-War, to modern episodes in which retired generals publicly called for Secretary Rumsfeld’s resignation over the Iraq War, retired officers have long participated forcefully in public debate over military policy,” Fishman wrote. 

“The same is true today: retired servicemembers, including Members of Congress, have openly criticized presidential decisions ranging from the Afghanistan withdrawal to vaccination requirements,” he added. “Many continue to serve with distinction as legislators, governors, and federal judges. Yet against that backdrop, Defendants assert the power to limit the First Amendment rights of more than two million retired servicemembers, all without judicial review.”

Congress hurtles toward partial shutdown after Alex Pretti killing in Minneapolis

Pictures of Alex Pretti sit in front of his home on Jan. 26, 2026 in Minneapolis, Minnesota. Pretti, an ICU nurse at a VA medical center, died Jan. 25, after being shot multiple times during a brief altercation with Border Patrol agents in Minneapolis. (Photo by Scott Olson/Getty Images)

Pictures of Alex Pretti sit in front of his home on Jan. 26, 2026 in Minneapolis, Minnesota. Pretti, an ICU nurse at a VA medical center, died Jan. 25, after being shot multiple times during a brief altercation with Border Patrol agents in Minneapolis. (Photo by Scott Olson/Getty Images)

WASHINGTON — White House press secretary Karoline Leavitt on Monday urged Senate Democrats to advance the government funding package that must become law before the weekend to avoid a partial shutdown, rejecting their proposal to remove the Homeland Security funding bill.

Democrats in the upper chamber say they are ready to help pass five of the six bills, but insist the Homeland Security spending measure must be stripped and renegotiated to include more constraints on federal immigration enforcement after officers killed a second American citizen in Minnesota this weekend. 

“We absolutely do not want to see that funding lapse and we want the Senate to move forward with passing the bipartisan appropriations package that was negotiated on a bipartisan basis,” Leavitt said. 

Negotiators in Congress have reached bipartisan consensus on each of the dozen full-year government spending bills during the last few months, though the final bills still need to clear the Senate and become law.

Funding for hundreds of programs in those measures lapses Friday at midnight, when the stopgap spending law Congress approved at the end of the last shutdown expires.  

A partial shutdown would affect the Departments of Defense, Education, Health and Human Services, Homeland Security, Housing and Urban Development, Labor, State, Transportation and Treasury. The Executive Office of the President, Supreme Court and judicial branch would also go without funding if a solution cannot be reached in time. 

Leavitt said during the briefing that “policy discussions on immigration in Minnesota are happening” and pointed to the phone call that President Donald Trump and Minnesota Democratic Gov. Tim Walz had earlier in the day. 

“But that should not be at the expense of government funding for the American people, which would include FEMA funding,” Leavitt said. “And we are in the midst of the storm that took place over the weekend and many Americans are still being impacted by that.”

The Homeland Security appropriations bill funds numerous programs in addition to Immigration and Customs Enforcement and Customs and Border Protection. The Coast Guard, Federal Emergency Management Agency, National Flood Insurance Fund, Secret Service and Transportation Security Administration are among the other agencies that rely on the bill for budget authority. 

Schumer demands removal of DHS bill 

Senate Minority Leader Chuck Schumer, D-N.Y., wrote in a statement that Majority Leader John Thune, R-S.D., should remove the Homeland Security funding bill from the larger package before the deadline to avoid a lapse in funding. 

“The responsibility to prevent a partial government shutdown is on Leader Thune and Senate Republicans,” he wrote. “If Leader Thune puts those five bills on the floor this week, we can pass them right away. If not, Republicans will again be responsible for another government shutdown.”

Senate Appropriations Chairwoman Susan Collins, R-Maine, in a brief floor speech urged lawmakers from both political parties to vote to advance the full funding package, calling the possibility of another shutdown “harmful, unnecessary and disastrous.”

“I hope we can come together in a constructive way to get this done and to ensure that we do not lurch into a dangerous and detrimental government shutdown,” she said. 

Collins did acknowledge the killing of Alex Pretti over the weekend, saying his “tragic death” had “refocused attention on the Homeland Security bill and I recognize that and share the concerns.” 

“I do want to point out to my colleagues that there are many safeguards that have been put in this bill that I would encourage them to review,” Collins added without going into detail. “And that the vast majority of the funding in this bill, more than 80%, is for non-immigration and non-border security functions.” 

A Senate Republican aide, who wasn’t authorized to speak publicly, said GOP leaders are “determined to not have another government shutdown.” 

“We will move forward as planned and hope Democrats can find a path forward to join us,” the aide added. 

A Senate Democratic leadership aide said that “Republicans and the White House have reached out but have not yet raised any realistic solutions.”

‘Government shutdowns do not help anyone’

Senate Homeland Security Appropriations Subcommittee Chairwoman Katie Britt, R-Ala., wrote in a social media post that the array of programs in that bill “are critical to keeping Americans safe and must be funded.”

“We know from recent history that government shutdowns do not help anyone and are not in the best interest of the American people,” Britt wrote, referring to the shutdown of historic length that ended Nov. 12. “As we approach a government funding deadline, I remain committed to finding a pathway forward.”

Senate Homeland Security Appropriations Subcommittee ranking member Chris Murphy, D-Conn., said Sunday on CNN’s “State of the Union with Jake Tapper & Dana Bash” that he couldn’t “vote to fund this lawless Department of Homeland Security.” 

“And remember, it’s not just in Minnesota. They’re violating the law all over the country,” Murphy said. “I spent last week in Texas where they are locking up 2-year-old and 3-year-old kids who are here in the United States legally, just for the purpose of traumatizing them.”

Fetterman, Shaheen part ways

Pennsylvania Democratic Sen. John Fetterman appeared to be the only member of his party in that chamber to support the entire package, writing in a statement he “will never vote to shut our government down, especially our Defense Department.”

“I reject the calls to defund or abolish ICE. I strongly disagree with many strategies and practices ICE deployed in Minneapolis, and believe that must change,” Fetterman wrote. “I want a conversation on the DHS appropriations bill and support stripping it from the minibus. It is unlikely that will happen and our country will suffer another shutdown.”

New Hampshire Democratic Sen. Jeanne Shaheen backed the strategy of pulling out the Homeland Security spending bill and allowing the other five government funding bills to become law before the shutdown deadline.

“The Senate then needs to have a real bipartisan discussion about what additional reforms we need to put in place to prevent tragedies like Minneapolis from happening across the country,” Shaheen wrote in a social media post. “I will vote against DHS’s funding until additional reforms are in place.”

Wisconsin joins filing to support Minnesota lawsuit against ICE deployment

Federal agents spray demonstrators at close range with irritants after the killing of Renee Good by U.S. Immigration and Customs Enforcement officer Jonathan Ross on Jan. 7, 2026, in Minneapolis. Since July 2025, there have been at least 17 open-fire incidents involving the federal immigration agents, according to data compiled by The Trace, a nonprofit and nonpartisan news outlet investigating gun violence.

Federal agents spray demonstrators at close range with irritants after the killing of Renee Good by U.S. Immigration and Customs Enforcement officer Jonathan Ross on Jan. 7, 2026, in Minneapolis. Since July 2025, there have been at least 17 open-fire incidents involving federal immigration agents, according to data compiled by The Trace, a nonprofit and nonpartisan news outlet investigating gun violence. (Photo by Nicole Neri/Minnesota Reformer)

Gov. Tony Evers announced Monday that Wisconsin has signed on to an effort to support the state of Minnesota’s lawsuit seeking to challenge the presence of Immigration and Customs Enforcement and Border Patrol agents in the Twin Cities area. 

Minnesota filed its lawsuit after the federal government sent about 3,000 federal agents into the region and an ICE agent shot and killed Renee Good Jan. 7. On Saturday, agents shot and killed Alex Pretti. Minnesota is seeking a temporary restraining order against the federal government’s actions.

Late last week, Wisconsin joined Arizona, Colorado, Connecticut, District Of Columbia, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Nevada, Oregon, Vermont and Washington in filing an amicus brief supporting Minnesota’s case. 

“DHS has set in motion an extraordinary campaign of recklessness and disregard for norms of constitutional policing and the sanctity of life,” the brief states. “This has resulted in federal agents that have fatally shot one resident, seriously wounded others, tear gassed an infant and other children, attacked peaceful protestors, and systematically conducted illegal stops and arrests. When tragedy has struck and public outcry rung out, the response has been a promise to deliver more of the same. Indeed, just days ago, President Trump threatened to invoke the Insurrection Act, and it is reported that the Pentagon is preparing 1,500 troops to possibly deploy to Minnesota, reflecting the Administration’s desire to further escalate tensions and put the military into an unlawful domestic role.” 

The brief argues that the states have a “strong interest in ensuring that federal immigration enforcement is not used as an excuse to infringe the sovereignty of the States,” and that if allowed to continue unchecked in Minnesota, will likely repeat the pattern elsewhere. 

“Under the claimed auspices of carrying out immigration enforcement, the federal government has seriously undermined state and local authorities and made it impossible for the public to go about their day-to-day activities because they fear being stopped, tear gassed, or worse,” the brief states. “If left unchecked, the federal government will no doubt be emboldened to continue its unlawful conduct in Minnesota and to repeat it elsewhere.” 

Evers said in a statement that Wisconsin has a responsibility to stand up for its neighbor and work to prevent further damage. 

“Wisconsin stands with our neighbors across the river in Minnesota. American citizens are having their rights and freedoms violated and are being put in unsafe and life-threatening situations in their own communities,” Evers said. “Two have already lost their lives. It has to stop.” 

“In Minnesota and across our country, dangerous and unlawful actions at the hands of untrained individuals are sowing fear, division, and distrust,” Evers added. “This isn’t helping make our kids, families, and communities safer—in fact, it’s doing the opposite. It’s clearer than ever that this has nothing to do with public safety. And, as states, we have a responsibility to stand up and say no more.”

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UW-Madison Chancellor Mnookin set to leave for Columbia

UW-Madison Chancellor Jennifer Mnookin will be leaving the university at the end of the school year to become president of Columbia University. (Baylor Spears | Wisconsin Examiner)

University of Wisconsin-Madison Chancellor Jennifer Mnookin is set to leave her post at the end of this school year to become the president of Columbia University in New York. 

Mnookin has served as UW-Madison’s chancellor since 2022, leading the university as it has faced pressure from Wisconsin Republicans to end diversity programs as well as cuts to federal research grants and tensions surrounding a pro-Palestine encampment on campus. 

“It has been a true honor to be a part of the Wisconsin family,” Mnookin said in a statement Sunday. “I am proud of what we have accomplished together, even in a challenging period for higher education, and I know great possibilities lie ahead for the UW-Madison campus community.”

After her departure was announced, Wisconsin Assembly Speaker Robin Vos (R-Rochester) praised Mnookin’s tenure. 

“Chancellor Mnookin had many great accomplishments during her tenure, such as bringing more free speech to campus and closing its division of DEI,” Vos said in a statement. “I enjoyed working with her as we both wanted students to reach their full potential and have a successful and impactful life after graduation. I wish her nothing but the best and I know that Columbia University will be in great hands with her at the helm.”

Mnookin will be taking over at Columbia as the university has been under a national microscope following pro-Palestine protests and a crackdown by both campus officials and the Trump administration. Last year, Columbia agreed to pay the federal government about $200 million to restore federal funding that had been cut. 

Universities of Wisconsin President Jay Rothman will name an interim chancellor to take the role after Mnookin leaves following spring commencement. The UW system board of regents will launch a search for someone to fill the role permanently. 

“During her tenure, Chancellor Jennifer Mnookin brought unbounded energy, resilience, and deeply thoughtful leadership to this great university. As she now takes on a new opportunity at another prestigious institution, we extend our substantial gratitude for her service and wish her continued success in the years ahead,” Rothman said.

GET THE MORNING HEADLINES.

Homan heads to Minneapolis as White House, under siege, softens tone

U.S. Border Czar Tom Homan speaks at the Tampa Convention Center on July 12, 2025. (Photo by Mitch Perry/Florida Phoenix)

U.S. Border Czar Tom Homan speaks at the Tampa Convention Center on July 12, 2025. (Photo by Mitch Perry/Florida Phoenix)

WASHINGTON — U.S. border czar Tom Homan is expected in Minneapolis by Monday evening, President Donald Trump said, amid increasing criticism of the administration’s immigration enforcement methods following the second fatal shooting of a U.S. citizen by immigration officers in Minneapolis already this year.

The move was part of an apparent toning down of the administration’s rhetoric against the city as a growing number of members of Congress from both parties raised concerns about the Saturday shooting death of 37-year-old Alex Jeffrey Pretti by federal immigration agents.

Trump reported a notably civil call with Minnesota Gov. Tim Walz, a Democrat with whom the president has often clashed, around midday Monday.

“It was a very good call, and we, actually, seemed to be on a similar wavelength,” Trump said of the conversation. “The Governor, very respectfully, understood that, and I will be speaking to him in the near future. He was happy that Tom Homan was going to Minnesota, and so am I!”

White House press secretary Karoline Leavitt said during an afternoon briefing that Gregory Bovino, the U.S. Border Patrol commander-at-large, would “continue to lead” immigration agents across the country, but did not address whether he would be active in Minneapolis once Homan arrived. 

CNN reported Monday afternoon  Bovino and some of his agents were set to depart the city. 

The Atlantic reported late Monday that Bovino would be removed from his position of commander-at-large and return to his former job as chief of Border Patrol’s El Centro, California, sector ahead of an imminent retirement. The New York Times also reported Bovino was being reassigned.

Homan “has not been involved in that area, but knows and likes many of the people there,” Trump wrote on social media. “Tom is tough but fair, and will report directly to me.”

Leavitt repeated throughout a 20-minute White House press briefing the administration’s position that Democratic state and local officials were responsible for the situation in Minneapolis, but declined to endorse the harshest descriptions of Pretti that administration leaders, including top White House aide Stephen Miller and Homeland Security Secretary Kristi Noem, have used.

Border czar

Early in his second administration, Trump tasked Homan with carrying out the president’s mass deportation campaign, which has faced significant pushback in Minneapolis.

Homan, who is expected to be in Minnesota by the evening, is the former ICE head of removal operations during the Obama administration and served as acting ICE director during the first Trump administration. 

Leavitt said Monday that Homan will be “the point person for cooperating with state and local authorities in corresponding with them, again, to achieve this level of cooperation to subdue the chaos on the streets of Minneapolis.”

Homan’s arrival comes while thousands of Minnesotans mourn and protest Saturday’s killing of Pretti, an intensive care nurse who appeared to be acting as a legal observer when Border Patrol agents tackled him to the ground, pinned him and shot him multiple times.

His was the second fatal shooting of a U.S. citizen by immigration officers in Minneapolis this year. Federal immigration officer Jonathan Ross killed 37-year-old Renee Nicole Good, a mother and poet, Jan. 7. 

Multiple videos captured the killings of both Good and Pretti, further sparking outcry from the community. 

Investigation underway

Leavitt said an investigation into Pretti’s killing is underway with the FBI, Customs and Border Protection and Homeland Security Investigations. Noem, who oversees HSI and CBP, labeled Pretti “a domestic terrorist,” the same term she applied to Good.

“The administration is reviewing everything with respect to the shooting, and we will let that investigation play out,” Leavitt said. 

Bovino said on CNN Sunday that the agents involved in the shooting of Pretti, are still on duty and while they will be taken off the streets of Minneapolis, they will still be allowed to conduct immigration enforcement.

The top Democrat on the House Committee on Homeland Security, Bennie Thompson of Mississippi, said in a statement Monday that those officers still being on duty is contrary to CBP’s use-of-force policy, which requires three days of paid leave after an agent uses deadly force either on duty or off.

“It defies commonsense – and is completely inexcusable – that the agent who killed Alex Pretti Saturday is already back in the field terrorizing our communities and believing – as Greg Bovino has so wrongly asserted – that he is the victim,” he said. “At a minimum, the agent should be on Administrative Leave.”

Congressional response

Saturday’s killing could have far-reaching consequences on Capitol Hill.

Several congressional Democrats over the weekend coalesced to oppose any funding for the Department of Homeland Security’s immigration enforcement, increasing the chances of a partial government shutdown at the end of the week. 

The shooting also appeared to prompt a handful of congressional Republicans to adjust their position on Trump’s year-long immigration crackdown. 

The chair of the Senate Committee on Homeland and Governmental Affairs, Sen. Rand Paul of Kentucky, called Monday for the heads of ICE, CBP and U.S. Citizenship and Immigration Services to testify for a hearing by Feb. 12.

House Homeland Security Committee Chairman Andrew Garbarino, a New York Republican, also called on the same officials to testify in front of his committee. 

Sen. John Curtis of Utah was the latest of a handful of Senate Republicans calling for a thorough investigation into the killing and for “those responsible—no matter their title—” to be held accountable.

“I disagree with Secretary Noem’s premature DHS response, which came before all the facts were known and weakened confidence,” he wrote on social media. “I will be working with a bipartisan group of senators to demand real oversight and transparency, including supporting calls from @RandPaul for leaders of these operations to testify, so trust can be restored and justice served.”

White House’s terms for Minnesota

For nearly two months, 3,000 federal immigration officers have descended on Minneapolis, dwarfing the city’s police force of roughly 600. The Trump administration deployed the officers for immigration enforcement after right-wing media influencers resurfaced instances of fraud in Minnesota’s social service programs. 

Leavitt said Monday the Trump administration would only end immigration operations if state and local leaders instructed police to cooperate closely with federal immigration officers.

Immigration enforcement is a federal responsibility, and states and localities are not required to assist.

Some localities and states have agreements that local police will notify federal immigration officers if a person they arrest is an immigrant without legal authorization. 

But some jurisdictions don’t participate because the practice can divert resources or can open law enforcement up to lawsuits for unlawfully detaining an individual for an immigration violation, unless there is a judicial warrant. 

Attorneys representing the state of Minnesota and city of Minneapolis argued to Judge Kate M. Menendez on Monday that the Trump administration was trying to bend the state to the federal government’s will, a violation of the Constitution’s 10th amendment. 

The suit, in the U.S. District Court in Minnesota, is attempting to block the ICE surge in the state. 

Trump, in his Monday social media post, blamed the massive protests in Minnesota on “Welfare Fraud that has taken place in Minnesota, and is at least partially responsible for the violent organized protests going on in the streets.” 

US Senate Dems probe effect of Trump administration child care cutbacks on rural families

A September poll from First Five Years Fund, an advocacy group, found that 4 out of 5 rural Americans “say the ability of working parents to find and afford quality child care is either in a ‘state of crisis’ or ‘a major problem.’” (Photo by Sue Barr/Getty Images)

A September poll from First Five Years Fund, an advocacy group, found that 4 out of 5 rural Americans “say the ability of working parents to find and afford quality child care is either in a ‘state of crisis’ or ‘a major problem.’” (Photo by Sue Barr/Getty Images)

WASHINGTON — Several U.S. Senate Democrats launched an investigation into how the Trump administration’s child care funding cuts and policy changes are affecting rural families, in a Sunday letter provided exclusively to States Newsroom.

Sens. Elizabeth Warren of Massachusetts and Raphael Warnock of Georgia led four of their colleagues in urging the respective heads of Rural Development at the Department of Agriculture and the Administration for Children and Families at the Department of Health and Human Services to offer up more information on their “current capacity to support child care, particularly in rural communities.” 

Joining Warren and Warnock are Sens. Ben Ray Luján of New Mexico, Angela Alsobrooks of Maryland, Alex Padilla of California and Jeff Merkley of Oregon. 

“Despite child care being one of the biggest costs American families face, the Trump administration has taken a wrecking ball to the federal programs that aim to make child care more accessible and affordable, including ACF and USDA’s Rural Development Office,” the senators wrote to acting Under Secretary for Rural Development Todd Lindsey and ACF’s Assistant Secretary Alex Adams. 

USDA Rural Development and ACF work to expand access to child care in rural areas. 

The senators pointed to a September poll from First Five Years Fund, an advocacy group, which found that 4 out of 5 rural Americans “say the ability of working parents to find and afford quality child care is either in a ‘state of crisis’ or ‘a major problem.’” 

The group said the administration’s slashing of staff at agencies and programs that support affordable child care, including ACF and Rural Development at USDA, are raising concerns that the administration is “failing families across the country and adding to the affordability crisis facing working-class families.” 

Cuts from federal child care fund to Dem states

The senators raised alarm over some of the administration’s most sweeping actions regarding child care programs, including attempts to cut off nearly $2.4 billion from the multibillion-dollar Child Care and Development Fund, or CCDF, to California, Colorado, Illinois, Minnesota and New York earlier in January. 

All are led by Democratic governors and the administration cited concerns about allegations of fraud.

CCDF — administered within the Office of Child Care under ACF — provides federal funding to states, territories and tribes to help low-income families obtain child care.

The five Democratic-led states sued in a New York federal court over the freeze, which also included $7.35 billion from the Temporary Assistance for Needy Families program and $869 million from the Social Services Block Grant — totaling more than $10 billion when combined with CCDF. 

A judge temporarily blocked the administration from freezing the funds earlier this month. A separate judge extended that order Friday. 

“States are challenging the legality of this freeze, but the consequences would be devastating should the courts permit the administration to permanently withhold the funds,” the senators wrote. 

Days prior to the announced freeze, the administration said states had to provide “justification” that federal child care funds they receive are spent on “legitimate” providers to get those dollars.

That demand followed allegations of fraud in Minnesota child care programs, which had prompted HHS to freeze all child care payments to the state.

The administration also announced earlier in January it would be rescinding multiple Biden administration child care rules that “required states to pay providers before verifying any attendance and before care was delivered.” 

Head Start in rural America

The Democrats argued that President Donald Trump has also “attacked Head Start at every turn since his inauguration.” 

ACF administers Head Start, which provides early childhood education, nutritious meals, health screenings and other support services to low-income families. 

The senators noted that “Head Start is especially crucial in rural communities, where it is often the only licensed child care program available.” 

During the record-long government shutdown in 2025, scores of Head Start centers experienced lapses in funding grants as a result.  

Even prior to the shutdown, Head Start already experienced chaos during the Trump administration, such as reports of delays in accessing approved grant funding, regional office closures and firings at ACF’s Office of Head Start.

Flood of workers departing USDA 

Meanwhile, USDA saw more than 20,000 employees leave in the first half of 2025, according to a report from the agency’s Office of Inspector General. More than one-third of the agency’s Rural Development unit left during that time.  

“Instead of strengthening the programs that aim to address the rural child care crisis, President Trump is firing the people who administer them,” the senators wrote. 

On top of that, the agency in March confirmed it would be slashing around $1 billion in previously announced funding for programs to help child care facilities, schools and food banks purchase from local farmers. 

USDA also faced backlash during the shutdown for refusing to tap into a multibillion-dollar contingency fund in order to keep benefits flowing for the country’s main food assistance program known as the Supplemental Nutrition Assistance Program, or SNAP.

The senators urged Lindsey and Adams to respond to their inquiries by Feb. 16. 

USDA did not immediately respond to requests for comment. 

In response to a request for comment, ACF said Monday it is “currently reviewing the U.S. Senators’ letter and will respond to them directly.” 

Green Bay residents protest killing of Alex Pretti, graduate of local high school

Green Bay residents protest the shooting of Alex Pretti | Photo by Andrew Kennard/Wisconsin Examiner

Green Bay protesters took to the streets Sunday afternoon in temperatures well below freezing to protest the killing of Alex Pretti, a graduate of Green Bay Preble High School who worked as an ICU nurse at a VA hospital in Minneapolis and was shot and killed Saturday by Border Patrol agents. As they crossed the Fox River, marchers formed a line longer than the Ray Nitschke Memorial Bridge, which crosses the Fox River. 

“The only people who can defend us is us,” Daniel Castillo, a member of the Green Bay Anti-War Committee, told the crowd. 

A line of marchers in Green Bay protesting the shooting of Alex Pretti stretched across the Ray Nitschke Memorial Bridge which crosses the Fox River. | Photo by Andrew Kennard/Wisconsin Examiner

After he was shot by federal agents, Homeland Security Secretary Kristi Noem called Pretti a “domestic terrorist,” and Border Patrol Commander Greg Bovino said Pretti, who was carrying a registered handgun when six Border Patrol agents tackled him, but did not unholster it, appeared eager to inflict “maximum damage” on assembled federal agents. Videos taken at the scene, showing Pretti holding a cellphone camera, not a gun, and trying to help a woman who was knocked to the ground by agents, as well as  what’s known about Pretti’s background, belie the Trump administration’s claims, the Minnesota Reformer reported.

In a statement, Pretti’s parents said they are “heartbroken but also very angry” and requested, “Please get the truth out about our son.” They said that “the sickening lies told about our son by the administration are reprehensible and disgusting.”

“Alex was a kindhearted soul who cared deeply for his family and friends and also the American veterans whom he cared for as an ICU nurse at the Minneapolis VA hospital,” the parents’ statement said in part. “Alex wanted to make a difference in this world. Unfortunately he will not be with us to see his impact. I do not throw around the hero term lightly. However his last thought and act was to protect a woman.”

Lori Blakeslee, communications director for the Green Bay Area Public School District, confirmed to the Wisconsin Examiner that Pretti graduated from Green Bay Preble High School in 2006. 

Alex Pretty’s high school yearbook photo | Photo courtesy Green Bay Area Public School District.

In an interview early Sunday afternoon, Travis Vanden Heuvel told the Examiner he and Pretti were in a choir program together, and that the two were friends during elementary and middle school. 

“I think he was standing up for what was right and just, and I’m saddened and angered by what happened and how it happened,” Vanden Heuvel said. 

Vanden Heuvel said when he learned about the shooting, not knowing who the victim was, the word he had been using to describe it was tragic. His old assistant choir director had reached out to let him know Pretti had been killed. 

“And tragic became devastating, not that this happening in America or in Minnesota didn’t already make it close to home,” Vanden Heuvel said. “I mean, I think we’ve been feeling it hit closer and closer to home.”

The Examiner previously reported on a march against ICE in downtown Green Bay almost a year ago, in the weeks that followed President Donald Trump’s inauguration. 

Castillo told the Examiner this is different from last year’s event.

“It was just the random activist that approached us and said, ‘Would you like to set up some sort of event that shows that immigrants are just people too?’” Castillo said. “…This is much different, and because people are angry… they’re just mad that a man was assassinated, extra-judicially murdered.” 

Jennifer Gonzalez, communications coordinator for the Green Bay Police Department, said that “today’s demonstration, like others held in our community, was calm and peaceful, with no significant incidents.”

Protests also occurred elsewhere in Wisconsin, including in Milwaukee, Madison, Oshkosh and Superior.

State Rep. Amaad Rivera-Wagner (D-Green Bay) said in a statement that “it is not surprising that Alex was a nurse with roots in Green Bay, a place where we believe in taking care of each other and respecting human dignity.”

“We must come together to demand accountability, because hate cannot win,” Rivera-Wagner said. 

In a statement Saturday, Green Bay Mayor Eric Genrich said “another American citizen is dead as the result of the federal government’s occupation of an American city, and the victim, Alex Pretti, was a graduate of a Green Bay high school.” 

“Without knowing all the facts of the case, we can say with certainty that a full, transparent, and independent investigation must be conducted,” Genrich said. “I mourn his tragic death with his friends and family, and join the chorus of Americans who are rightfully demanding the federal government change course and enforce immigration law in keeping with local, state and federal laws and the U.S. Constitution.”

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As the US government continues its lethal attacks in Minnesota, Wisconsinites wonder how to resist

Marchers begin a walking and singing vigil outside All God's Children Church in Minneapolis on Jan. 17, 2026 | Photo by Ruth Conniff/Wisconsin Examiner

“A great American city is being invaded by its own federal government,” Minneapolis Mayor Jacob Frey said on Saturday, after Border Patrol agents shot and killed an ICU nurse from Green Bay, Alex Pretti, in broad daylight while restraining him on the ground outside a doughnut shop.

In this dizzying new era of state terror, citizens and community leaders alike are trying to figure out what to do. What power do we have to face down a violent, repressive government targeting civilians in an operation aimed not at protecting public safety but at disrupting and destroying civil society? 

At a press conference with local media last week, U.S. Rep. Mark Pocan promised to fight against a Minneapolis-like surge in Wisconsin, drawing a lot of probing follow-up questions from reporters. Pocan voted against $64 billion in funding for the Department of Homeland Security that passed the House and is now, belatedly, facing difficulties in the Senate. He said he would work with local law enforcement, support lawsuits filed by Wisconsin Attorney General Josh Kaul and other state AGs against aggressive ICE deployments, and encourage peaceful protestors marching in inflatable dinosaur costumes. 

But the question of how to fight back is a tough one.

The federal government has created a massive paramilitary organization that is systematically terrorizing Democratic-led Midwestern cities. The 3,000 immigration agents in Minneapolis far outnumber the local police force there. We have never seen anything quite like this.

Minnesota elected officials seem to be struggling with the question of how to resist and how to defend their citizens. Along with strong language about the damage the federal crackdown is doing to the community, Frey and Minnesota Gov. Tim Walz repeatedly admonished protesters to remain peaceful, then deployed the Minnesota National Guard to block people from visiting a memorial at the site of Pretti’s death. Bringing in local and state law enforcement and the Guard to police protesters seems to buttress the Trump administration’s false claims that Minnesotans are the ones causing the violence, and that more armed men policing civilian neighborhoods will increase public safety. In reality, federal agents are the ones who are acting violently, not Minneapolis residents, and it’s not clear that local and state police are doing anything to protect the public from this threat.

The fact is, it’s hard to figure out what to do.

In Madison, on Saturday night more than 100 of my neighbors packed the James Reeb Unitarian Universalist Church for a potluck and discussion of nonviolent action, looking for answers to the terrible questions raised by the shooting death of yet another civilian in Minneapolis. 

How do we prepare for the possibility of an onslaught of armed federal agents into our own communities, busting down doors without warrants, dragging people out of their homes and firing on the neighbors who try to protect them? What power do we have to turn back the transformation of our country from democracy to authoritarian regime? 

The Madison event, planned before Pretti was killed, was organized by a coalition of dozens of peace and social justice groups under the umbrella Building Unity for Nonviolent Action. Speakers, including my friend John Nichols of The Nation magazine and Dane County Judge and Rev. Everett Mitchell, talked about the history of peaceful resistance in the U.S. The group showed part of the documentary “A Force More Powerful” about transformative nonviolent resistance struggles in India, the segregated American South, South Africa, Denmark and Chile. 

It was restorative to gather in person, take a break from isolation, helpless rage and doomscrolling and to spend some time contemplating the heroism of the Civil Rights movement activists who faced down hatred and violence with astounding courage and faith — despite all evidence to the contrary — in the fundamental decency of other people.

The difference between the Civil Rights era and today — and even the difference between the Black Lives Matter movement against police violence of a few years ago and today — is that the federal government can no longer be counted on to enforce civil rights, due process and justice. We are in a new era. “Those protections are gone,” Rev. Mitchell told the crowd. “So the only thing that you have available to you is each other.”

That bracing realization has spurred a proliferation of nonviolent resistance trainings in Minnesota and in other states, including Wisconsin.

One salutary side effect is that peaceful gatherings that bring out our capacity for love, mutual aid and connection help us avoid drowning in anger and despair.

Last weekend we drove to Minneapolis to visit our daughter who is, alarmingly, living in the middle of the chaos there. On our way to take her out for lunch we came upon a massive group of people holding a walking vigil in the neighborhood near where Renee Good was shot. About 600 Minnesotans were walking the streets singing, “You are not alone” and “Hold on, here comes the dawn,” as immigrant children and their parents peered out the windows of locked houses, waving. It was an unexpected moment of grace. A glimpse of the humanity and caring that are still possible. We need to hold onto that vision.

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Formerly incarcerated teacher instructs UW law students about criminal justice system 

Dant'e Cottingham , who was formerly incarcerated, brings his perspective on the criminal justice system to students in a UW Law School class. | Photo courtesy UW Law School

The Wisconsin Examiner’s Criminal Justice Reporting Project shines a light on incarceration, law enforcement and criminal justice issues with support from the Public Welfare Foundation.

A new class at the University of Wisconsin Law School aims to teach students about the perspectives of different people who are part of the criminal justice system, including those who are incarcerated. 

Dant’e Cottingham, one of the course instructors, was himself once locked up inside Wisconsin’s prison system. He said that according to stigma, he’s not supposed to be in the classroom.

“So I’m aware of that, and I carry that,” Cottingham said. “That’s important to me, because I want to make sure that the city, the state, the country knows that we are a lot more than our worst mistake.”

Instructing the class along with Cottingham is Adam Stevenson, a clinical professor and director of the Frank J. Remington Center, which houses the law school’s prison-based clinics as well as the public defender and prosecution externships. While Cottingham has the experience of being incarcerated in the prison system, Stevenson brings to the course the legal expertise of a law professor, and one who has worked with a program focused on legal assistance to incarcerated people. 

The Wednesday class, which has 19 students enrolled this semester,  counts for two credits. It’s titled “Criminal Justice System: A Lived Experience Perspective.” The class, examining how theory, policy and practice line up with reality — or diverge from it, according to the syllabus, may continue in the future depending on how this semester goes. 

In 1996, Cottingham was convicted of being party to a crime for first-degree intentional homicide for an offense that occurred when he was 17. While incarcerated, Cottingham applied to UW Madison’s program for legal assistance for incarcerated people and was assigned two law students who worked to help him win his release, he said. He was paroled in 2022. 

Cottingham served as interim associate director of the group Ex-Incarcerated People Organizing, and spoke publicly about Green Bay Correctional Institution, where he spent some of his imprisonment, and which has been the subject of criticism for inhumane conditions and calls to close the facility. Now 47, Cottingham is the reentry and outreach support specialist for the Remington Center. He said he helps men and women who are transitioning from incarceration.  

“I sit with people, build a rapport, get some insight and understanding to what their needs are,” Cottingham said. A person’s needs might involve housing, employment or medical care. 

Cottingham said that when he gave presentations in classes in the past,  students engaged with his description of his own experience, and he saw a need for the course he’s teaching now.

The experience of re-entering society after prison is one topic on the course schedule Cottingham shared with the Examiner. The arrest process, the trial process, sentencing, systemic inequality in criminal justice, and incarceration, and advocacy for reform and future directions are among the other course topics.

Guest speakers in the class range from Wisconsin Department of Corrections Secretary Jared Hoy, to Wood County District Attorney Jonathan Barnett, to Sharmain Harris, whose book “Rising Above the Odds: My Journey from Pain and Prison to Power and Purpose” is one of the required materials for the course. Requirements include book reports that analyze autobiographies of people who have experienced incarceration. 

Robert Taliaferro, Jennifer Bias, Dant’e Cottingham and Prof. Adam Stevenson at the UW Law School | Photo courtesy UW Law School

Jini Jasti, a spokesperson for University of Wisconsin Law School, said UW Law’s motto is “Law in Action.” She said the school does not only teach the law on the books but also encourages students to see how it works from different perspectives, such as those of prosecutors, defense attorneys, victims, defendants and prisoners.  

“This unique class complements our other offerings, allowing students to hear about our trial, appellate and prison systems from someone who’s lived it,” Jasti said in a statement. 

State Public Defender Jennifer Bias and Robert Taliaferro, who was formerly incarcerated, visited the class on Wednesday. 

Bringing in these different perspectives helps  “tease out topics that we should be discussing when we’re talking about what the law is, how the law should operate etc.,” Stevenson said in a Jan. 16 interview with the Wisconsin Examiner. “One person’s perspective is definitely great in doing that, but having multiple perspectives and the potential disagreement, or the clash, if you will, can also give rise to some really rich conversation.”  

Stevenson said students will be graduating and working with clients as attorneys, and understanding the perspectives of people in the criminal justice system is important. 

Lara Hendrix, a third year law student, is planning to be a public defender after graduation. She said she thought the class would be valuable for her future career. 

Hendrix hopes that eventually people who don’t plan to practice criminal law take the class. 

“These are real people with families, and people that love them, and other people that are affected,” Hendrix said, “and that needs so much more attention than it gets.”

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Fallout from Alex Pretti killing: Trump administration facing widespread criticism

Hundreds gather around a growing memorial site at 26th Street and Nicollet Avenue, where federal agents shot and killed a 37-year-old Alex Pretti Saturday, Jan. 24, 2026 earlier in the day. (Photo by Nicole Neri/Minnesota Reformer)

Hundreds gather around a growing memorial site at 26th Street and Nicollet Avenue, where federal agents shot and killed a 37-year-old Alex Pretti Saturday, Jan. 24, 2026 earlier in the day. (Photo by Nicole Neri/Minnesota Reformer)

The federal killing of a U.S. citizen in Minneapolis this month, captured from multiple angles by witnesses recording on their cell phones, kicked off a dizzying day here and in Washington. Democratic politicians and ordinary Americans reacted with a mix of outrage and incredulousness, backfooting the Trump administration as the federal operation Democratic Gov. Tim Walz has called an “occupation” approached its third month.

By late Saturday, a Trump-appointed Minnesota federal judge had ordered the Department of Homeland Security and other federal agencies to refrain from “destroying or altering evidence.” 

Senate Minority Leader Chuck Schumer of New York said his party would block a must-pass government appropriations package — and partially shut down the government next week — if it contained additional funding for the Homeland Security Department. 

As it did earlier this month after a U.S. Immigration and Customs Enforcement agent shot and killed 37-year-old Minneapolis resident Renee Nicole Good, senior Trump administration officials worked swiftly on Saturday to blame the incident on the victim. 

Homeland Security Secretary Kristi Noem called Alex Jeffrey Pretti a “domestic terrorist,” echoing language used by Vice President JD Vance to describe Good. Border Patrol Commander Greg Bovino said Pretti appeared eager to inflict “maximum damage” on the federal agents assembled near the intersection of Nicollet Avenue and 26th Street Saturday morning. Stephen Miller, President Donald Trump’s chief domestic policy advisor, called Pretti an “assassin.” 

Videos taken at the scene — as well as what’s known about Pretti’s background — belie the Trump administration’s claims. Pretti was a lawful gun owner with a concealed carry permit and no criminal record, according to Minneapolis Police Chief Brian O’Hara. 

Moments before he was shot, Pretti could be seen on video with his phone — not a gun — recording federal officers, as has become standard practice among anti-ICE activists. 

A cell phone video shows a gaggle of Border Patrol agents wrestling him to the ground and beating him; an agent removes Pretti’s holstered gun, and Pretti appears to pose no threat to the officers surrounding him. Moments later, about 10 shots ring out. 

In a sworn affidavit filed Saturday evening, a physician who lives nearby said Pretti had no pulse when they arrived at the scene. The physician, whose name and identity were not made public, said agents did not appear to be rendering lifesaving aid and initially refused the physician’s offer to help. Pretti was pronounced dead at the scene a short time later.

Pretti’s name had emerged in media reports by early afternoon. It’s unclear whether federal, state or local officials attempted to notify his next of kin beforehand. Michael Pretti, his father, said he first learned of the shooting from an Associated Press reporter.

“I can’t get any information from anybody,” Michael Pretti told the AP, detailing a runaround with the Border Patrol, local police and area hospitals. He said the Hennepin County Medical Examiner eventually confirmed they had Alex Pretti’s body.

“We are heartbroken but also very angry,” Pretti’s parents said in a statement released later on Saturday that described Pretti as a “hero” who “wanted to make a difference in this world.”

“The sickening lies told about our son by the administration are reprehensible and disgusting,” they said. “Please get the truth out about our son.”

Meanwhile, the Minnesota Bureau of Criminal Apprehension said DHS officials blocked their investigators from the crime scene even after they returned with a judicial warrant. The details of the warrant are unclear, as is the BCA’s recourse if Homeland Security continues to stymie its efforts. Federal officials said Saturday that Homeland Security — not the FBI or the Minnesota BCA — would lead the investigation.

The names of the agents involved in the shooting have not been released. Bovino told CNN on Sunday that he did not know whether more than one agent fired shots.

Minnesota officials questioned Homeland Security’s handling of the shooting’s aftermath and indicated they did not trust the department to conduct a fair investigation. 

A border patrol agent stands in front of protestors as people gather near the scene of 26th Street and Nicollet Avenue, where federal agents shot and killed a 37-year-old man Saturday, Jan. 24, 2026, the third shooting in as many weeks. (Photo by Nicole Neri/Minnesota Reformer)

The Minnesota Department of Corrections unveiled a new website this weekend to combat “ongoing misinformation” from Homeland Security. In a lengthy statement on Saturday, the department called into question Bovino’s initial explanation for the operation that led to Pretti’s death. The statement said the individual named by Bovino as the target of the operation did not have a significant criminal history, as Bovino alleged, and was previously released from immigration custody in 2018 — during the first Trump administration.

A recent article by Stateline, which is a States Newsroom outlet like the Reformer, found that eyewitness testimony and other evidence often contradicts DHS’ initial description of incidents involving its agents.

On Sunday, Minnesota Attorney General Keith Ellison said he expects Homeland Security to heed Saturday’s court order to preserve evidence to support the state’s own investigation.

“We’ve had to threaten them with contempt a few times, but open defiance of court orders is not something that we’ve experienced,” Ellison told the Star Tribune.

Signs had emerged by Sunday that at least some elected Republicans and gun rights groups were uncomfortable with the official line that Pretti posed a clear and present danger before his death. Few elected Republicans wholeheartedly endorsed the administration’s narrative, and even some right-wing influencers who typically hew to the party line recoiled.

Republican Louisiana Sen. Bill Cassidy, who faces a primary challenge from his right this year, called Saturday’s shooting “incredibly disturbing.”

“The credibility of ICE and DHS are at stake,” he said on Sunday. “There must be a full joint federal and state investigation.”

The Minnesota Gun Owners Caucus also issued a statement calling for an independent investigation.

“Every peaceable Minnesotan has the right to keep and bear arms — including while attending protests, acting as observers, or exercising their First Amendment rights. These rights do not disappear when someone is lawfully armed, and they must be respected and protected at all times,” the group said.

Kevin Stitt, the outgoing Republican governor of Oklahoma, hinted in a Sunday interview with CNN that the administration should rethink its immigration enforcement efforts.

“And so what’s the goal right now? Is it to deport every single non-U.S. citizen? I don’t think that’s what Americans want,” he said. “We have to stop politicizing this. We need real solutions on immigration reform.”

Dozens of Minnesota business leaders released an open letter that gently called for a change in approach by the federal government, risking the ire of Trump, who is known for his retribution against those who oppose him. 

“With yesterday’s tragic news, we are calling for an immediate deescalation of tensions and for state, local and federal officials to work together to find real solutions,” the CEOs wrote. 

Among them were top officers of Medtronic, 3M, Target and the sports franchises. This is notable because as the Reformer previously reported, the state’s biggest companies had been publicly silent until now. Business leaders, the chamber letter asserts, have been “working behind the scenes” since the federal siege began. 

Some in the Trump administration may be looking for an escape hatch, even if on their terms.  On Saturday, Attorney General Pam Bondi said Minnesota could end the federal law enforcement surge if it repealed pro-immigrant “sanctuary” policies and turned over its voter rolls to the federal government. (Minnesota is not a “sanctuary state”; an effort to pass a sanctuary law the last time Democrats controlled the Legislature went nowhere.)

U.S. Attorney General Pam Bondi testifies before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill on Oct. 7, 2025 in Washington, D.C. (Photo by Win McNamee/Getty Images)
U.S. Attorney General Pam Bondi testifies before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill on Oct. 7, 2025 in Washington, D.C. (Photo by Win McNamee/Getty Images)

That Bondi made such an offer at all is notable. But it’s unlikely to lead to a resolution. On Sunday, Minnesota Secretary of State Steve Simon brushed off the idea of providing state voter information to the federal government in a caustic statement.

“The answer to Attorney General Bondi’s request is no. Her letter is an outrageous attempt to coerce Minnesota into giving the federal government private data on millions of U.S. Citizens in violation of state and federal law,” Simon said.

False claims of voter fraud have become a staple of the Trumpist political movement. A group of right-wing activists led by Mike Lindell — the pillow mogul currently running for governor as a Republican — claimed widespread voter fraud after the 2020 election. But as part of the state’s usual election auditing process, a random group of precincts in every congressional district were chosen for review, totaling roughly 440,000 votes after the 2020 election, spanning more than 200 precincts. The hand tallies were virtually identical to the machine tallies.

This story was originally produced by Minnesota Reformer, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Deadly shooting in Minneapolis could lead to partial government shutdown over ICE funding

A picture sits at a memorial to Alex Pretti on Jan. 25, 2026 in Minneapolis, Minnesota. Pretti, an ICU nurse at a VA medical center, died on Jan. 24 after being shot multiple times during a brief altercation with border patrol agents in Minneapolis. (Photo by Scott Olson/Getty Images)

A picture sits at a memorial to Alex Pretti on Jan. 25, 2026 in Minneapolis, Minnesota. Pretti, an ICU nurse at a VA medical center, died on Jan. 24 after being shot multiple times during a brief altercation with border patrol agents in Minneapolis. (Photo by Scott Olson/Getty Images)

A partial federal government shutdown appeared Sunday to unexpectedly be on the horizon, after another fatal shooting by federal immigration agents in Minneapolis led key U.S. Senate Democrats to say they will oppose a spending package that includes immigration enforcement funds.

Senators have until a Friday deadline to clear a package of six House-passed funding measures, including the $64.4 billion Homeland Security appropriations bill that includes funding for Immigration and Customs Enforcement and the U.S. Border Patrol.

Republicans hold a majority in the chamber but would need at least seven Democrats to join them in voting for the package in order to clear the chamber’s 60-vote threshold to advance legislation. 

The agreement had appeared to be on track for easy passage by the Senate by Friday, when a stopgap spending law expires. 

But after Saturday’s killing of 37-year-old Alex Jeffrey Pretti, the second by Homeland Security Department officers in Minneapolis this month, key moderate Democrats, appropriators and leaders said they would not support the package if it includes the Homeland Security legislation in its current form. 

Senate Minority Leader Chuck Schumer also said his caucus would not provide the votes needed, citing the killings of Pretti and Renee Good in Minneapolis on Jan. 7, and called for the DHS bill to be split from the five spending bills with broad bipartisan support.

“Senate Democrats will not allow the current DHS funding bill to move forward,” Schumer said in a Sunday statement. “The appalling murders of Renee Good and Alex Pretti on the streets of Minneapolis must lead Republicans to join Democrats in overhauling ICE and CBP to protect the public. People should be safe from abuse by their own government.

“Senate Republicans must work with Democrats to advance the other five funding bills while we work to rewrite the DHS bill,” he added. “This is (the) best course of action, and the American people are on our side.”

A complicating factor is the DHS bill also includes funding for the Federal Emergency Management Agency, even as a major winter storm swept through a large swath of the nation Saturday and Sunday, triggering disaster declarations in multiple states.

President Donald Trump and key administration officials committed to a robust media strategy over the weekend, defending the officers involved and smearing Pretti, despite contradictory evidence in available video.

Some elected Republicans backed the administration’s account, but an unusual number of GOP members of Congress and at least one governor called for accountability.

Latest shooting a turning point

Five of the eight Democrats and independents who voted with Republicans to end a shutdown in November have said they will not support the package if it includes DHS funding.

Maine independent Angus King, who caucuses with Democrats, said on CBS News’ “Face the Nation” that he would vote against the package.

“I hate shutdowns,” King said in a video interview on the Sunday morning show. “I’m one of the people that helped negotiate the solution to the end of the last shutdown, but I can’t vote for a bill that includes ICE funding under these circumstances.”

Nevada Democrat Catherine Cortez Masto, a former federal prosecutor, criticized Homeland Security Secretary Kristi Noem and called for blocking the funding package.

“The Trump administration and Kristi Noem are putting undertrained, combative federal agents on the streets with no accountability,” she said. “They are oppressing Americans and are at odds with local law enforcement. This is clearly not about keeping Americans safe, it’s brutalizing U.S. citizens and law-abiding immigrants. I will not support the current Homeland Security funding bill.”

Cortez Masto called for the DHS bill to be split off from the rest of the package. 

“We have bipartisan agreement on 96% of the budget. We’ve already passed six funding bills,” she said. “Let’s pass the remaining five bipartisan bills and fund essential agencies while we continue to fight for a Department of Homeland Security that respects Americans’ constitutional rights and preserves federal law enforcement’s essential role to keep us safe.” 

Fellow Nevada Democrat Jacky Rosen, who also voted to end the shutdown in November, said “enough is enough” and that she would oppose a funding package that did not “rein in ICE’s out-of-control conduct.”

“As a member of the U.S. Senate, I have the responsibility to hold the Trump Administration accountable when I see abuses of power — like we are seeing from ICE right now,” she said. “That is why I’ll be voting against any government funding package that contains the bill that funds this agency, until we have guardrails in place to curtail these abuses of power and ensure more accountability and transparency.

“My personal guiding principle has always been ‘agree where you can and fight where you must,’” she added. “And I believe this is a time when we must fight back.”

Virginia’s Tim Kaine said in a Friday statement — before Pretti’s killing — that he would oppose the package for several reasons, including as a check on ICE.

“We are not living in normal times,” he said. “The President is acting chaotically and unlawfully and we shouldn’t give his deranged decisions the imprimatur of congressional approval by passing this legislation without significant amendment.”

Democratic Whip Dick Durbin of Illinois also said after Pretti’s killing early Saturday — the third shooting by immigration officers in Minneapolis in three weeks — that he would vote against the package. Durbin is a senior member of the Appropriations Committee.

DHS funding

The House last week passed the DHS funding bill, with seven Democrats voting to approve it, and a separate package of three other appropriations bills that passed with broad bipartisan support. House members passed two other funding bills the week before.

The fiscal 2026 Homeland Security spending bill cuts funding for Customs and Border Protection by $1.3 billion, and maintains flat funding for ICE at $10 billion.

The bill attempts to put guardrails around immigration enforcement by allocating $20 million for body cameras for ICE and CBP officers. 

But even if the funding bill doesn’t pass or gets held up, the immigration enforcement agencies are still flush with cash after the One Big Beautiful Bill Act that Republicans passed last year allocated $190 billion for DHS. ICE is slated to receive about $75 billion over four years, or $18.7 billion a year.

Path forward

Any Senate amendment to the House-passed package would require another House vote. The House is scheduled to be out this week and the chamber, narrowly controlled by Republicans, may be unwilling to cooperate with Senate changes.

Senate Appropriations Chair Susan Collins, a Maine Republican up for reelection this year in one of the nation’s most closely watched races, did not dismiss the possibility of changes in the spending bill package, telling The New York Times on Saturday she was “exploring all options” for passage.

The major winter storm also hit Washington, D.C., and could further complicate the Senate vote or potential House consideration. All flights into Ronald Reagan Washington National Airport were canceled Sunday as snow and sleet covered the region. 

A handful of GOP officials, including Sens. Thom Tillis of North Carolina, Bill Cassidy of Louisiana and Lisa Murkowski of Alaska called for more scrutiny into Pretti’s killing and ICE’s conduct more generally. 

“There must be a thorough and impartial investigation into yesterday’s Minneapolis shooting, which is the basic standard that law enforcement and the American people expect following any officer-involved shooting,” Tillis said on social media.

“For this specific incident, that requires cooperation and transparency between federal, state, and local law enforcement. Any administration official who rushes to judgment and tries to shut down an investigation before it begins are doing an incredible disservice to the nation and to President Trump’s legacy.”

Cassidy posted on social media: “The events in Minneapolis are incredibly disturbing. The credibility of ICE and DHS are at stake. There must be a full joint federal and state investigation. We can trust the American people with the truth.”

Rep. Michael McCaul, a Texas Republican who is a former chairman of the House Homeland Security Committee, said on social media he was “troubled by the events that have unfolded in Minneapolis.”

“As an attorney and former federal prosecutor, I believe a thorough investigation is necessary—both to get to the bottom of these incidents and to maintain Americans’ confidence in our justice system,” he said.

Oklahoma Gov. Kevin Stitt, a Republican, was among those who said he was troubled by the shooting.

“I think the death of Americans, what we’re seeing on TV, it’s causing deep concerns over federal tactics and accountability,” Stitt said on CNN’s “State of the Union.” “Americans don’t like what they’re seeing right now.”

Administration, some allies defend shooting 

Many others, including Republican senators and Trump administration officials speaking on Sunday talk shows — Noem, Treasury Secretary Scott Bessent, FBI Director Kash Patel and Deputy Attorney General Todd Blanche — defended the agents involved and blamed Pretti and state and local Democrats in Minneapolis. 

“Democrats are now backing out of a bipartisan agreement to fund DHS, which makes sure our border is secure and our immigration laws are enforced,” Senate Budget Committee Chairman Lindsey Graham, R-S.C., wrote on social media.

“This is reckless and quite frankly, very disappointing. It appears that Democrats are so wedded to supporting people carrying guns trying to interfere with a lawful arrest that they will shut down the government.”

Patel, on “Sunday Morning Futures” on Fox News, said DHS is investigating the shooting but the FBI is processing physical evidence. “No one who wants to be peaceful shows up in a protest with a firearm that is loaded with two full magazines,” Patel said, referring to reports that Pretti was carrying a handgun for which he had a concealed carry license, according to Minneapolis Police Chief Brian O’Hara.

Spokespeople for Collins, Schumer and Majority Leader John Thune of South Dakota did not return messages seeking comment Sunday. Senate Democrats were set to meet virtually on Sunday night, according to multiple media reports.

Minnesotans mourn Alex Pretti, man killed by Border Patrol agents

A woman kneels and prays as hundreds gather around a growing memorial site at 26th Street and Nicollet Avenue, where federal agents shot and killed a 37-year-old Alex Pretti Saturday, Jan. 24, 2026 earlier in the day. (Photo by Nicole Neri/Minnesota Reformer)

A woman kneels and prays as hundreds gather around a growing memorial site at 26th Street and Nicollet Avenue, where federal agents shot and killed a 37-year-old Alex Pretti Saturday, Jan. 24, 2026 earlier in the day. (Photo by Nicole Neri/Minnesota Reformer)

More than 1,000 people gathered for a vigil and rally Saturday night at Whittier Park in Minneapolis to mourn Alex Pretti, the man who was shot and killed by Border Patrol agents. After the vigil, demonstrators marched in subzero temperatures to the site where Pretti was killed on Nicollet Avenue, south of 26th Street.

The site of the shooting has been turned into a makeshift memorial of candles and flowers, less than two miles away from the memorial in the Powderhorn neighborhood made for Renee Good on Jan. 7, the day she was shot and killed by ICE agent Jonathan Ross.

Since Pretti’s killing, which drew hundreds of protestors in the immediate aftermath, people have built barricades out of dumpsters, trash cans and picnic tables to block off traffic from the surrounding streets. Before a swell of demonstrators arrived from the Whittier Park vigil, the area was mostly quiet, with hundreds huddled around his memorial.

Isabelle Atem, a nurse who drove in from Woodbury, cried as she said: “I thought it was just a dream, but I’m here now. It feels real. It really happened. You know, in a movie, when you shoot people, I know it’s fake. I never knew it (could be) real.”

Atem said she felt bad when she found out Pretti was also a nurse. In a statement to multiple news outlets, Pretti’s parents said he was an ICU nurse at the Minneapolis VA hospital.

“Nurses are out there to help people. Why are they killing? Why are they shooting?” Atem said.

Atem, an immigrant from Cameroon, said that despite being a U.S. citizen, she has been afraid to go outside amid the surge of over 3,000 federal immigration agents to Minnesota, who have detained residents regardless of their citizenship status.

Volunteers hand out warm drinks and food at the memorial of Alex Pretti, who was shot and killed by a Border Patrol agent, Saturday, Jan. 24, 2026. (Photo by Nicole Neri/Minnesota Reformer)

People were handing out warm drinks and food — fried rice, hummus — from local restaurants at tables at Pretti’s memorial. Glam Doll Donuts, across the street from where the Border Patrol agent shot Pretti, was open after hours and filled with people looking to stay warm.

As demonstrators from the nearby vigil filtered onto Nicollet, chanting, Jake Anderson handed out the last of the three gallons of chicken wild rice soup his partner had made that day.

Anderson, who lives in the Whittier neighborhood where Pretti was killed, said that he came to support everyone marching “a brutal takeover of our city by totalitarian ICE members and people who don’t actually care about safety in our community.”

“I think there’s a lot of outrage and rage clearly, but there’s also just a sense of community,” he said, as a man complimented the soup.

Some demonstrators banged on dumpsters with hammers and their hands as people chanted: “No Justice, No Peace” and “F*ck ICE.”

The parents of Alex Pretti, Michael and Susan Pretti, released a statement Saturday, castigating the Trump administration for slandering their son with “sickening lies” that they called “reprehensible and disgusting.”

They defended their son’s conduct, saying he was protecting a woman who had been pushed down by federal agents. “Please get the truth out about our son. He was a good man. Thank you.”

This story was originally produced by Minnesota Reformer, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Federal agent shoots and kills man in Minneapolis, rousing more demonstrations

Masked federal agents on the scene near where a federal officer shot a Minnesotan for the third time in as many weeks. (Photo by Madison McVan/Minnesota Reformer)

This story has been updated.

A ​​federal agent fatally shot a man in Minneapolis on Saturday amid the Trump administration’s immigration crackdown, escalating tensions after another killing earlier in the month.

It was the third shooting by immigration officers in the city in three weeks – and the second to end in death. Democratic local and state officials immediately condemned Saturday’s shooting as protests ramped up, and Republican President Donald Trump threatened again to send military troops to Minnesota.

Minneapolis Police Chief Brian O’Hara said federal agents killed a 37-year-old man whom officials believe is a U.S. citizen who lives in Minneapolis. Video of the shooting was captured by observers and posted to social media.

The man who was killed has been identified as Alex Jeffrey Pretti in a statement from Sen. Zaynab Mohamed, DFL-Minneapolis, and by the Star Tribune and The Associated Press.

Pretti, who grew up in Green Bay, Wisconsin, was an ICU nurse who worked at the Minneapolis Veterans Administration hospital, according to a Wisconsin Public Radio interview with his parents, who still live in Green Bay,

O’Hara said he had no information about what led up to the shooting but said the man, whom he did not name, was a lawful gun owner with a permit to carry. O’Hara says police have not interacted with the deceased other than a few traffic tickets.

Protesters line streets

Hundreds of protesters gathered near where the shooting happened, despite subzero temperatures. Many wore gas masks and eye protection — common in the Twin Cities, where demonstrations started when immigration officers arrived in December.

Federal agents deployed tear gas and flash bangs to push back the crowds, which lined up at several intersections near the site of the shooting shouting, “Shame!” and “ICE out, f*ck ICE!”

Minneapolis Mayor Jacob Frey again urged the federal government to end its two-month immigration siege, which has brought 3,000 federal officers to Minnesota, or nearly five times the number of sworn Minneapolis police officers.

“How many times must local and national leaders plead with you, Donald Trump, to end this operation and recognize that this is not creating safety in our city?” Mayor Jacob Frey said.

Gov. Tim Walz said he’d spoken to the White House after the shooting, but he doesn’t have confidence federal officials will change their actions or leave the state. He said the Department of Homeland Security has rushed to judgement and is already slandering the man who was killed.

“Minnesotans: You know who you are, and you demonstrate it every single day,” Walz said. “And we damn sure know who these people are. The American public knows. This needs to be the event that says, ‘enough.’”

Law enforcement blocked off the streets and deployed tear gas to dissuade angry demonstrators from going near the site of the shooting, which was on Nicollet Avenue just south of 26th Street. Over 100 federal agents were on the scene after the shooting.

Federal officers unleashed a cloud of tear gas in the Whittier neighborhood of Minneapolis after a third Minnesotan was shot by the feds, Jan. 26, 2026. (Photo by Madison McVan/Minnesota Reformer)

O’Hara urged demonstrators to go home. State Patrol and other state law enforcement were there also in an attempt to keep the peace.

Video captures shooting

In a graphic video now circulating on social media, six federal agents appear to wrestle the man to the ground in front of the New American Development Center. One of the agents hits the man three times with what appears to be a firearm. Bystanders are surrounding the group and filming on their cell phones.

Over 10 shots can be heard in the video, but it’s unclear if more than one agent fired a weapon.

The Department of Homeland Security said in a social media post that officers were conducting a targeted operation in Minneapolis against someone illegally in the U.S. “wanted for violent assault,” when another person approached U.S. Border Patrol officers with a 9 mm handgun.

Video shows an agent in a gray jacket approach the man as he’s being held on the ground by multiple other agents and then walk away with what appears to be a gun in his hand, before shots are fired.

“The officers attempted to disarm the suspect but the armed suspect violently resisted. More details on the armed struggle are forthcoming,” Homeland Security said. “Fearing for his life and the lives and safety of fellow officers, an agent fired defensive shots. Medics on scene immediately delivered medical aid to the subject but was pronounced dead at the scene.”

U.S. Border Patrol Commander Gregory Bovino said in a press conference that the officer who shot the man is “highly trained” and served as a Border Patrol agent for eight years. Bovino said the agent has “extensive training as a Range Safety Officer,” to ensure people on a gun range are using it safely.

The parents of Alex Pretti, Michael and Susan Pretti, released a statement Saturday, castigating the Trump administration for slandering their son with “sickening lies” that they called “reprehensible and disgusting.”

They defended their son’s conduct, saying he was protecting a woman who had been pushed down by federal agents. “Please get the truth out about our son. He was a good man. Thank you.”

Conflict between state and federal law enforcement

The Minnesota Bureau of Criminal Apprehension, which typically investigates law enforcement shootings, said in a social media post their agents arrived at the scene of Saturday’s killing at the request of the Minneapolis Police Department but were blocked from accessing the location by the Department of Homeland Security.

BCA Superintendent Drew Evans said that after BCA officials were blocked from the scene of the shooting, they obtained a signed judicial warrant to gain access. BCA officials returned to the scene, but DHS agents still denied access.

People react to copious tear gas and flash grenades deployed by federal agents near the scene of 26th Street West and Nicollet Avenue, where federal agents shot and killed a 37-year-old man Saturday, Jan. 24, 2026, the third shooting in as many weeks. (Photo by Nicole Neri/Minnesota Reformer)

The BCA began a joint investigation into the ICE officer shooting of Renee Good earlier this month before being abruptly shut out of the investigation by the U.S. Department of Justice, hindering local prosecutors from being able to consider if criminal charges are warranted against the officer.

Walz expressed disbelief that the federal agents were able to leave the scene with little to no investigation.

“You kill a man and then you just leave?” the governor said. “Is there a single case in American history where you just, like, walk away and say, ‘I guess that just happened and we’re not going to clean up our mess.’”

Walz said the federal agents involved in the shooting will be held accountable.

“Minnesota’s justice system will have the last word,” the governor said.

Trump posted a rambling response to the shooting on his social media platform referencing U.S. Rep. Ilhan Omar’s bank account and saying “what you’re witnessing” is part of a cover up for Medicaid fraud.

“The Mayor and the Governor are inciting insurrection, with their pompous, dangerous and arrogant rhetoric,” Trump wrote, reviving a threat to invoke the Insurrection Act and send military troops into the streets of Minnesota. 

Accounts contradict Homeland Security

Homeland Security statements about the previous shootings have later been found to be false or misleading. After the Jan. 7 killing of Good, the department referred to her as a “domestic terrorist.”

A 911 call after a second shooting, of a Venezuelan man in north Minneapolis, suggests that the agent shot at the man as he was trying to escape into a house, which would contradict the Department of Homeland Security account that the federal immigration agent fired a shot defensively. In a sworn affidavit, an FBI agent confirmed that the agent shot the man when he had begun running toward the house, the Star Tribune reported.

As Reformer sibling publication Stateline recently reported, Homeland Security recently revised its account of a December shooting in Glen Burnie, Maryland, after local police contradicted its initial version. The agency first claimed both men injured in the incident were inside a van that ICE officers fired at in self-defense, but later said that one of the injured men had already been arrested and was in custody inside an ICE vehicle when he was hurt. The other man was shot twice and is facing two federal criminal charges.

In August, federal immigration agents fired at a family’s vehicle three times in San Bernardino, California. Homeland Security maintained the shooting was justified after at least two agents were struck by the vehicle, but available footage shows an agent breaking the driver-side window moments before gunfire erupted. Surveillance footage from the street does not show agents being struck by the vehicle.

The Saturday shooting comes one day after tens of thousands of people protested ICE in downtown Minneapolis in subzero temperatures.

The Minnesota National Guard has been on active duty for over a week, meaning that they are prepared to rapidly respond if they are deployed. Hennepin County Sheriff Dawanna Witt on Saturday requested support from the National Guard to help them provide security at the federal Whipple Building — the site of ongoing protests. It’s unclear how many guard members will be stationed there.

People react to copious tear gas and flash grenades deployed by federal agents near the scene of 26th Street West and Nicollet Avenue, where federal agents shot and killed a 37-year-old man Saturday, Jan. 24, 2026, the third shooting in as many weeks. (Photo by Nicole Neri/Minnesota Reformer)

Reformer Deputy Editor Max Nesterak and Reporter Alyssa Chen contributed to this report.

Minnesota Reformer is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Minnesota Reformer maintains editorial independence. Contact Editor J. Patrick Coolican for questions: info@minnesotareformer.com.

Tens of thousands gather in downtown Minneapolis for ‘ICE Out’ day

Tens of thousands of people march in downtown Minneapolis in subzero temperatures to protest the massive presence of ICE agents over the past several weeks Friday, Jan. 23, 2026. (Photo by Nicole Neri/Minnesota Reformer)

Tens of thousands of people march in downtown Minneapolis in subzero temperatures to protest the massive presence of ICE agents over the past several weeks Friday, Jan. 23, 2026. (Photo by Nicole Neri/Minnesota Reformer)

Tens of thousands of Minnesotans marched in downtown Minneapolis Friday in a negative 30 degree windchill to protest the federal government’s continuing surge of immigration enforcement — demanding civil rights and a withdrawal of the 3,000 officers sent here by the administration of President Donald Trump.

The demonstration took place on “ICE Out of Minnesota: Day of Truth & Freedom,” a general strike supported by Minnesota unions, progressive faith leaders and community activists. Proponents encouraged all Minnesotans to stay home from work, school and refrain from shopping — disruptions of normal orders of business to protest the presence of federal immigration agents in Minnesota.

The massive protest began at The Commons Park at 2 p.m. in Minneapolis. The march ended with a rally at Target Center. 

Natasha Dockter, the first vice president of the Minneapolis Federation of Educators’ teachers chapter, handed out hand warmers to demonstrators at The Commons alongside other teachers.

Tens of thousands of people march in downtown Minneapolis in subzero temperatures to protest the massive presence of ICE agents over the past several weeks Friday, Jan. 23, 2026. (Photo by Nicole Neri/Minnesota Reformer)

“I’m out here today because what’s going on in our city is completely and totally unacceptable. It’s impacting the lives of our students and their families that we serve,” Dockter said.

Sergey Goro and Ben Daniel were visiting the Twin Cities from San Francisco and Seattle for the U.S. Pond Hockey Championships, which was delayed due to the extreme cold

Goro said that he’d been to No Kings protests — demonstrations against the Trump administration’s authoritarian policies — in San Francisco, but that they weren’t as large as the Minneapolis protest. 

Daniel agreed: “We can really feel that everyone’s on board here — that this is ridiculous and it’s gotta stop.” 

Daniela Morales, 16, carrying a Mexican flag, said her parents are both Mexican immigrants and that she attended the protest on behalf of people who can’t speak out. 

“I’m really glad to see everybody come out and support each other and our neighbors and fight against the administration,” Morales said. 

Noah wears a costume of ice melting in fire as tens of thousands of people march in downtown Minneapolis in subzero temperatures to protest the massive presence of ICE agents over the past several weeks Friday, Jan. 23, 2026. (Photo by Nicole Neri/Minnesota Reformer)

Other protests led to arrests

A morning protest at the Minneapolis-St. Paul International Airport led to the arrests of roughly 100 clergy by MSP and Bloomington law enforcement Friday, according to a statement from protest organizers.

Demonstrators at the airport were standing or kneeling on the roadway outside Terminal 1’s departures area and led away by law enforcement.

Jeff Lea, a spokesperson for the Metropolitan Airports Commission, said in an email that the airport “worked in advance with event organizers to best accommodate their right to freedom of expression while also ensuring uninterrupted operations.”

“When the permitted activity went beyond the agreed-upon terms, MSP Airport Police began taking necessary action, including arrests, to protect public safety, airport security and access to Terminal 1,” Lea wrote. Lea confirmed there were around 100 arrests.

At least one demonstrator was also arrested at the nearby Whipple Federal Building, where federal agents deployed chemical irritants into a crowd of protestors, the Star Tribune reported. Around noon, the Hennepin County Sheriff’s Office announced that it had given three dispersal orders for protestors to unblock an access road at the building. The Whipple Building, now a base for federal immigration operations, has been an ongoing site of protests.

Life stood still Friday for many Minnesotans. Over 700 businesses closed Friday to support the “ICE Out” day, according to Bring Me The News, which is keeping a running list.

“It is time to suspend the normal order of business to demand immediate cessation of ICE actions in MN, accountability for federal agents who have caused loss of life and abuse to Minnesota residents and call for Congress to immediately intervene,” the demonstration’s website states.

Over a dozen churches across Minnesota announced prayer vigils to “mourn, pray and plant seeds of hope with one another,” according to ISAIAH, the nonprofit coalition of Minnesota faith and community groups.

Dozens of school districts across the state closed Friday because of the dangerously cold temperatures. Minneapolis Public Schools were already planned to be closed Friday for a teacher record-keeping day.

Tens of thousands of people march in downtown Minneapolis in subzero temperatures to protest the massive presence of ICE agents over the past several weeks Friday, Jan. 23, 2026. (Photo by Nicole Neri/Minnesota Reformer)

This story was originally produced by Minnesota Reformer, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Trump to block foreign aid for transgender care, Vance tells anti-abortion rally

Vice President JD Vance delivers remarks during the annual March for Life rally on the National Mall in Washington, D.C., on Jan. 23, 2026. (Photo by Kevin Dietsch/Getty Images)

Vice President JD Vance delivers remarks during the annual March for Life rally on the National Mall in Washington, D.C., on Jan. 23, 2026. (Photo by Kevin Dietsch/Getty Images)

WASHINGTON — The Trump administration plans to expand a policy that blocks foreign aid dollars from going to organizations that discuss, refer or perform abortions to also include groups that address transgender health care or have policies on diversity, equity and inclusion, Vice President JD Vance said Friday.

“We’re expanding this policy to protect life, to combat DEI and the radical gender ideologies that prey on our children. And with these additions, the rule will now cover every non-military foreign assistance that America sends,” Vance announced at the March for Life anti-abortion rally on the National Mall.  

“All in all, we have expanded the Mexico City Policy about three times as big as it was before,” he added. “And we’re proud of it, because we believe in fighting for life.”

The White House did not immediately respond to a request from States Newsroom for more details on the policy expansion or when it would be implemented. 

Defending administration’s record

Vance said during the rally he needed to “address an elephant in the room” that President Donald Trump and others in the administration have not made enough progress on anti-abortion initiatives during the first year of unified Republican control of the federal government.  

“I want you to know that I hear you and that I understand,” he said. “There will inevitably be debates within this movement. We love each other. But we’re going to have open conversations about how best to use our political system to advance life, how prudential we must be in the cause of advancing human life. I think these are good, natural and honest debates.”

Vance mentioned that Trump nominated some of the Supreme Court justices that overturned Roe v. Wade, the 1973 case that had guaranteed a constitutional right to an abortion for nearly 50 years. 

He also noted that Republicans in Congress included a provision in the “big, beautiful” law that blocks Medicaid funding from going to Planned Parenthood for one year for any type of health care. Federal law had already barred funding from going to abortions, with limited exceptions.

Vance argued that in addition to judicial rulings and federal laws, members of the anti-abortion movement must strive to change hearts and minds as well. 

“We’re not trying to argue to the Supreme Court anymore,” he said. “We’re trying to argue to our fellow citizens that we must build up that culture of life. And as you know, that effort is going to take a lot of time, it’s going to take a lot of energy and it’s going to take a little bit of money.”

Later in his speech, Vance sought to discourage people from concentrating on professional lives and instead called on them to focus more on getting married and having children. 

“You’re never going to find great meaning in a cubicle or in front of a computer screen,” he said. “But you will find great meaning if you dedicate yourself to the creation and sustenance of human life.”

Trump didn’t attend the rally in person but recorded a video message that was played just before Vance spoke, telling attendees he “was proud to be the first president in history to attend this march in person” six years ago. 

“In my first term I was honored to appoint judges and justices who believed in interpreting the Constitution as written. That was a big deal. And because of that, the pro-life movement won the greatest victory in its history,” Trump said. “Now the work to rebuild a culture that supports life continues in every state, every community and every part of our beautiful land.”

Calls for action on medication abortion

Trump and some in his administration have come under scrutiny lately for not moving faster to complete a safety review of mifepristone, one of two pharmaceuticals used in medication abortion, which is approved for up to 10 weeks gestation. 

Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, and Lila Rose, founder of the anti-abortion group Live Action, both released statements in December calling on Trump to fire Food and Drug Administration Commissioner Marty Makary over the pace of that review.

Anti-abortion organizations want the administration to end the ability of doctors or other qualified health care providers to prescribe mifepristone and the second pharmaceutical used in medication abortion, misoprostol, via telehealth and have it shipped to patients. 

Several Republicans in Congress have joined their call, with Senate Health, Education, Labor and Pensions Committee Chairman Bill Cassidy, R-La., holding a hearing on mifepristone earlier this month. 

The U.S. Supreme Court rejected efforts from anti-abortion organizations to limit access to mifepristone in a June 2024 ruling, writing they never had standing to bring the lawsuit in the first place. 

Trump told House Republicans during a policy retreat at the Kennedy Center earlier this month they must be “flexible” about the Hyde Amendment, which blocks federal funding for abortion with limited exceptions, in order to broker a health care deal that can reach his desk. 

Dannenfelser rebuked Trump for the comment, writing in a statement that to “suggest Republicans should be ‘flexible’ is an abandonment of this decades-long commitment. If Republicans abandon Hyde, they are sure to lose this November.”

Anti-abortion activists from across the U. S. protest legal abortion at the annual March for Life on Jan. 23, 2026. (Photo by Sofia Resnick/States Newsroom)
Anti-abortion activists from across the U. S. protest legal abortion at the annual March for Life on Jan. 23, 2026. (Photo by Sofia Resnick/States Newsroom)

GOP leaders tout major law

U.S. House Speaker Mike Johnson, R-La., also spoke at the March for Life rally, touting the “big, beautiful” law as “the most pro-life and pro-family legislation that has been signed into law in decades.”

“For the first time since Roe v. Wade was reversed, we have the White House, the Senate and the House all working together to deliver meaningful and historic pro-life victories,” he said. 

The law included several policies that Johnson said will aid Americans in having children, including an expansion of the child tax credit and the adoption tax credit as well as the investment accounts for babies

Johnson said the provision that blocks Medicaid patients from going to Planned Parenthood for non-abortion health care services, depriving the organization of that income, was a massive policy victory for Republicans. 

“We stand here today with one united voice to affirm the federal government should not be subsidizing any industry that profits from the elimination of human life,” Johnson said. 

New Jersey Republican Rep. Chris Smith, speaking just after Johnson while other GOP lawmakers stood on the stage, said eliminating access to mifepristone must be accomplished. 

“I’ve been here since Ronald Reagan’s first election, 1981,” Smith said. “And I can tell you, this leadership is the most pro-life, so committed. And behind me are just absolute heroes. Men and women who take up the fight every single day.”

Senate Majority Leader John Thune, R-S.D., didn’t attend the rally in person but submitted a video that touted the Planned Parenthood defunding provision. 

“Thanks to that landmark legislation, this year, some of the nation’s largest abortion providers, including Planned Parenthood, are prohibited from receiving Medicaid funding,” Thune said. 

Other Republicans attending the rally included Alabama Rep. Robert Aderholt, Arkansas Rep. French Hill, Florida Rep. Kat Cammack, Georgia Rep. Andrew Clyde, Maryland Rep. Andy Harris, Michigan Reps. Bill Huizenga and Tim Walberg, Minnesota Rep. Michelle Fischbach, Missouri Rep. Bob Onder, Pennsylvania Rep. Dan Meuser, South Carolina Rep. William Timmons, Texas Reps. Michael Cloud and Dan Crenshaw, Utah Rep. Mike Kennedy, Virginia Rep. John McGuire and Wisconsin Rep. Glenn Grothman.

Footage, documents at odds with DHS accounts of immigration enforcement incidents

Federal agents spray demonstrators at close range with irritants after the killing of Renee Good by U.S. Immigration and Customs Enforcement officer Jonathan Ross on Jan. 7, 2026, in Minneapolis. Since July 2025, there have been at least 17 open-fire incidents involving the federal immigration agents, according to data compiled by The Trace, a nonprofit and nonpartisan news outlet investigating gun violence.

Federal agents spray demonstrators at close range with irritants after the killing of Renee Good by U.S. Immigration and Customs Enforcement officer Jonathan Ross on Jan. 7, 2026, in Minneapolis. Since July 2025, there have been at least 17 open-fire incidents involving federal immigration agents, according to data compiled by The Trace, a nonprofit and nonpartisan news outlet investigating gun violence. (Photo by Nicole Neri/Minnesota Reformer)

As a growing number of encounters between civilians and Department of Homeland Security agents — including the widely scrutinized fatal shooting of Renee Good in Minneapolis — are scrutinized in court records and on social media, federal officials are returning to a familiar response: self-defense.

In more than a handful of recent encounters, the Department of Homeland Security, which oversees Immigration and Customs Enforcement and Customs and Border Protection, has said its agents acted in self-defense during violent encounters, even as eyewitness testimony and video footage raised questions about whether those accounts fully matched what happened.

And in a ruling for a recent civil lawsuit, a U.S. district judge said federal immigration officials were not forthcoming about enforcement efforts, citing discrepancies between official DHS statements and video evidence.

“We’re now in a situation in which official sources in the Trump administration are really tying themselves quite strongly to a particular narrative, regardless of what the widely disseminated videos suggest,” said César Cuauhtémoc García Hernández, a law professor at Ohio State University.

The cases come amid an aggressive expansion of federal immigration enforcement and increasing scenes of violent and intimidating arrest tactics. President Donald Trump’s administration has sharply increased the hiring of immigration agents, broadened enforcement operations and accelerated deportations, as protests have spread across major cities.

The use of force, paired with conflicting official statements and evidence, has raised questions about whether federal immigration officials can be held accountable and highlighted the steep hurdles victims of excessive force might face in seeking legal recourse.

The Department of Homeland Security and Immigration and Customs Enforcement did not respond to multiple requests from Stateline for comment on discrepancies between official accounts and publicly available evidence.

Since last July, there have been at least 17 open-fire incidents involving federal immigration agents — including fatal shootings, shootings with injuries and cases in which shots were fired — according to data compiled by The Trace, a nonprofit and nonpartisan news outlet investigating gun violence. A recent Wall Street Journal investigation also found 13 incidents since July in which immigration agents fired at or into civilian vehicles.

One of the most prominent examples unfolded in Minneapolis this month: Good’s fatal shooting by a masked ICE agent. The Department of Homeland Security initially said the agent, Jonathan Ross, fired in self-defense after Good, 37, allegedly tried to run over officers. Videos taken by bystanders show Good’s vehicle reversed, shifted and began to turn away from officers after one yelled and pulled on her car handle. Ross positioned himself near the hood of her car, and he began firing.

Minnesota officials later stated the footage did not support DHS’ description of an imminent threat, prompting renewed scrutiny of how the Trump administration is characterizing use-of-force encounters.

Similar discrepancies have surfaced in other cases. The Department of Homeland Security recently revised its account of a December shooting in Glen Burnie, Maryland, after local police contradicted its initial version. DHS first claimed both men injured in the incident were inside a van that ICE officers fired at in self-defense, but later said that one of the injured men had already been arrested and was in custody inside an ICE vehicle when he was hurt. The other man was shot twice and is facing two federal criminal charges.

In August, federal immigration agents fired at a family’s vehicle three times in San Bernardino, California. DHS maintained the shooting was justified after at least two agents were struck by the vehicle, but available footage shows an agent breaking the driver-side window moments before gunfire erupted. Surveillance footage from the street does not show agents being struck by the vehicle.

Official sources in the Trump administration are really tying themselves quite strongly to a particular narrative.

– César Cuauhtémoc García Hernández, immigration policy expert

“I can’t think of another time in my lifetime — I’m 50 years old — where we’ve seen this sort of force in the streets in the United States,” said Mark Fleming, the associate director of federal litigation at the National Immigrant Justice Center. Fleming has been an immigration and civil rights attorney for the past 20 years.

García Hernández, the law professor at Ohio State University, echoed Fleming’s point, saying that what also stands out is how often agents are deploying less‑lethal weapons in ways that would generally be prohibited — including firing rubber pellets and similar projectiles at people’s faces or heads.

In its use-of-force policy, DHS agents may use force only when no “reasonably effective, safe, and feasible” alternative exists and only at a level that is “objectively reasonable.” DHS policy emphasizes “respect for human life” and directs officers to be proficient in de-escalation tactics — using communication or other techniques to stabilize or reduce the intensity of a potentially violent situation without, or with reduced, physical force. The policy also states that deadly force should not be used solely to prevent the escape of a fleeing suspect.

ICE, as an agency under DHS, is bound by this guidance, but the policy on shooting at moving vehicles differs from what many law enforcement agencies nationwide now consider best practices. While DHS prohibits officers from firing at the operator of a moving vehicle unless it is necessary to stop a serious threat, its rules do not explicitly instruct officers to get out of the way of moving vehicles when possible.

Use of force

A growing pattern of aggressive tactics and conflicting evidence has raised serious questions about how federal immigration agents use lethal and less-lethal force, and how DHS officials describe the incidents to the public.

In September, 38-year-old Silverio Villegas González was fatally shot during a traffic stop in Franklin Park, a suburb near Chicago. DHS claimed that one agent was “seriously injured” after being dragged by González’s car as he tried to flee. But body-camera footage shows the agent telling a Franklin Park police officer that his injury was “nothing major.”

In a statement, DHS said the agent responded with lethal force because he was “fearing for his own life” — a narrative very similar to the department’s description of the fatal shooting of Good in Minneapolis.

In recent months, DHS officials have claimed that immigration agents have been repeatedly attacked with vehicles.

“We’ve seen vehicles weaponized over 100 times in the last several months against our law enforcement officers,” Homeland Security Secretary Kristi Noem said during an interview with CNN this month.

In court filings related to a civil lawsuit about Operation Midway Blitz in Chicago, the department provided body-camera footage and other internal records to bolster their claims of self-defense.

But U.S. District Judge Sara Ellis found the evidence “difficult, if not impossible to believe.” In her lengthy opinion issued in late November, Ellis acknowledged that agents sometimes encountered aggressive drivers but also found that agents treated cars that were merely following them as potential threats.

In October, an ICE agent shot a community observer, Marimar Martinez, five times during a confrontation in Chicago. DHS claimed that she rammed the ICE vehicle with her car and boxed it in, but surveillance footage does not show the agents were trapped.

Martinez survived, but the Trump administration quickly labeled her a “domestic terrorist” — the same label used to describe Good. Martinez’s criminal charges were dropped in November after the federal Department of Justice abruptly moved to dismiss the case.

In Ellis’ ruling on the civil lawsuit, she wrote that federal officials “cannot simply create their own narrative of what happened, misrepresenting the evidence to justify their actions,” and that the violence used by federal agents “shocks the conscience,” a legal standard meaning a situation that seems grossly unjust to an observer.

Ellis also explicitly questioned the conduct and leadership of Greg Bovino of U.S. Border Patrol during the Chicago immigration operation. Bovino, who has led the administration’s big-city campaign, was deposed under oath, and in her November ruling, Ellis described him as “not credible,” writing that he “appeared evasive over the three days of his deposition, either providing ‘cute’ responses … or outright lying.”

In a footnote, Ellis also noted an instance in which an agent asked ChatGPT to draft a use-of-force report from a single sentence and a few images — further undermining the credibility of official DHS accounts.

A narrow path to accountability

Holding federal immigration agents accountable for misconduct is difficult, even as video evidence and police or court records increasingly contradict official government accounts.

With more evidence surfacing and legal claims already underway, some experts say it’s likely that even more lawsuits will emerge this year.

“We should expect to see more examples, more instances in which cellphone video is used to bolster legal claims against DHS, ICE, Border Patrol and specific officers as well,” said García Hernández, of Ohio State University.

Federal officers are shielded by legal doctrines such as qualified immunity and U.S. Supreme Court rulings that restrict when people can sue federal officials for constitutional violations. In recent years, the courts have narrowed the circumstances under which individuals can bring claims for excessive force or wrongful death.

Suing individual federal immigration agents is nearly impossible.

People can, however, pursue claims against the federal government under the Federal Tort Claims Act if a government employee causes financial or bodily harm. These cases, which can include claims for wrongful death, face significant hurdles: no punitive damages, no jury trials, state-specific caps on compensation and protections for discretionary government decisions.

Internal DHS investigations can lead to discipline or policy changes, but their findings may not be made public.

Several state lawmakers in California, Colorado, Georgia, New York and Oregon are pursuing measures that would allow residents to sue federal immigration agents for constitutional violations. Illinois has a similar law already in place, but this pathway remains largely untested, and experts say it faces significant legal and logistical hurdles.

Stateline reporter Amanda Watford can be reached at ahernandez@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Mark Kelly illegal orders video not protected speech, Trump DOJ tells court

U.S. Sen. Mark Kelly, an Arizona Democrat, speaks with attendees of Kamala Harris for President campaign event in Phoenix in November 2024. (Photo by Gage Skidmore | Flickr/CC BY-SA 2.0)

U.S. Sen. Mark Kelly, an Arizona Democrat, speaks with attendees of Kamala Harris for President campaign event in Phoenix in November 2024. (Photo by Gage Skidmore | Flickr/CC BY-SA 2.0)

WASHINGTON — The Trump administration on Thursday asked a federal judge to deny Arizona Democratic Sen. Mark Kelly’s request to halt efforts within the Defense Department to punish him for appearing in a video where he urged members of the military not to follow illegal orders.

Attorneys for the Department of Justice asserted in a 52-page brief that the administration doesn’t believe federal courts hold jurisdiction over the matter, writing “the Judiciary does not superintend military personnel decisions.”

Kelly, a retired U.S. Navy captain, “is not a private citizen and does not enjoy the First Amendment freedom of speech as if he were one when being assessed by the military in military proceedings to determine whether his conduct comports with his obligations as a retired servicemember,” the brief states. 

Kelly’s lawsuit asked a federal judge for an emergency ruling declaring the Defense Department’s attempts to demote him and reduce his military retirement pay are “unlawful and unconstitutional.”

The lawsuit alleges the Pentagon’s actions against Kelly “trample on protections the Constitution singles out as essential to legislative independence.” 

“It appears that never in our nation’s history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech,” the lawsuit states. ”Allowing that unprecedented step here would invert the constitutional structure by subordinating the Legislative Branch to executive discipline and chilling congressional oversight of the armed forces.”

Video rankled Pentagon

Defense Secretary Pete Hegseth announced earlier this month that he had started the process to downgrade Kelly’s retirement rank and pay, writing in a social media post that his “status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.”

The Defense Department letter of censure to Kelly alleged that his participation in the video undermined the military chain of command, counseled disobedience, created confusion about duty, brought discredit upon the Armed Forces and included conduct unbecoming of an officer. 

The video at the center of the debate featured Kelly, Michigan Sen. Elissa Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, and New Hampshire Rep. Maggie Goodlander, all Democrats with backgrounds in the military or intelligence community.

They said that Americans in those institutions “can” and “must refuse illegal orders.”

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

First Amendment doesn’t apply, DOJ says

Attorneys at the Justice Department, representing DOD in the case, argued in the brief they filed Thursday that no emergency relief is warranted, in part, because they believe Kelly’s First Amendment rights have not been violated. 

“Plaintiff is unlikely to succeed on his First Amendment claim because, as a retired servicemember, he has no First Amendment right to encourage other servicemembers to question the legitimacy of their military orders or to impugn their superior officers when such conduct violates his ongoing duties and obligations to the military,” the DOJ brief states. “The First Amendment is not a shield against the consequences of such violations in military personnel matters.”

Kelly’s constitutional protections as a member of the U.S. Senate under the Speech and Debate Clause of the Constitution also don’t apply in this instance, the DOJ legal team wrote. 

“A legislator’s public statements in interviews and on social media are not legislative acts protected by the Speech or Debate Clause,” DOJ wrote. 

The judge doesn’t need to issue emergency relief, the DOJ brief states, because there isn’t a separation-of-powers issue between the Executive Branch, where the Defense Department exists, and Kelly’s role as a senator in the Legislative Branch, which are considered separate but equal under the Constitution. 

Senior Judge Richard J. Leon, who was nominated to the bench by President George W. Bush, has scheduled a hearing on the issue for Wednesday. 

Leon could rule from the bench during those proceedings or issue a written order anytime afterward. 

Assembly passes pared down Knowles-Nelson stewardship bill that limits land acquisition

During debate on the floor, Rep. Dean Kaufert (R-Neenah) said that the GOP Knowles-Nelson bill isn’t perfect but is a compromise that will allow the program to continue into the future. (Photo by Baylor Spears/Wisconsin Examiner).

A pared-back proposal that will continue the Knowles-Nelson Stewardship program, but without allowing for new land acquisition, passed the Assembly on Thursday, eliciting critical reactions from Democrats who said it won’t uphold the legacy of the program.

The Warren Knowles-Gaylord Nelson Stewardship Program was initially created during the 1989-1990 legislative session and signed into law by former Gov. Tommy Thompson. With the goal of preserving wildlife habitat and expanding outdoor recreation opportunities throughout the state, the program has authorized state borrowing and spending for state land acquisition and for grants to local governments and nonprofit conservation organizations. It has traditionally received bipartisan support in Wisconsin as it has been reauthorized several times over the years.

Two GOP bills, coauthored by Rep. Tony Kurtz (R-Wonewoc) and Sen. Patrick Testin (R-Stevens Point), passed the Assembly in a 53-44 vote along party lines. The bills would extend the program for an additional two years, but in a limited form.

Under the amended proposal, the Knowles-Nelson program would be reauthorized until 2028, but the money set aside would mostly be for maintaining land that has already been purchased under the program.

The program’s land acquisition provisions have been essentially stripped in the legislation. 

A previous version of the GOP bill would have authorized the program until fiscal year 2029–30. Gov. Tony Evers in his 2025-27 state budget proposal had called for investing over $1 billion and reauthorizing the program for another 10 years. Republicans rejected the proposal. 

Rep. Shae Sortwell (R-Two Rivers) blamed the Wisconsin Supreme Court for the state of the proposal.

Wisconsin lawmakers for years exercised control over what Knowles-Nelson projects received funding through the state’s powerful Joint Finance Committee. Members of the committee could anonymously object to a project and have it upheld for an indeterminate amount of time.

The program and the power of the committee became the focus of a fight over the balance of power between the governor and lawmakers, with the state Supreme Court ruling in 2025 that the Joint Finance Committee did not have the authority to hold up spending through anonymous objections. 

Sortwell said that the DNR should not be able to buy land without oversight from lawmakers.

“I don’t support their ideas to turn our authority of the Legislature over to unelected people,” Sortwell said. “We can build this up and do more things with it but let’s make sure we don’t lose what we have today. We can maintain the program. We can go ahead and make sure that we can keep the lands that we already have in good condition and continue moving forward.” 

Under the amended version of AB 315, the Department of Natural Resources (DNR) would only be able to obligate $1 million for land acquisition — a cut from $16 million. The $1 million could only be used for the Ice Age Trail. The bill would also allow for DNR to obligate $9.25 million for property development and local assistance — a cut from $14.25 million. The program would also limit the amount that could be obligated for recreational boating aids to $3 million. 

The amended version of AB 612 reduces the amount that can be obligated each year to $13.25 million. It also includes $7.75 million for DNR property development and grants, $4 million for local assistance grants and $3 million for grants for wildlife habitat restoration. There would also be $250,000 set aside each year to be used for DNR land acquisitions, but acquisitions would be limited to parcels land that are 5 acres or less and meant to improve access to hunting, fishing, or trapping opportunities or is contiguous to state-owned land.

The bill would also require that large projects get approval from the full Legislature and limit grant or in-kind contributions for a project to 30%.

The DNR, under the bill, would also need to conduct a survey study of all of the land that has been acquired under the stewardship program including an inventory of all land acquired with money, proposed project boundaries and land acquisition priorities for the next two to five years, and proposed changes. The survey would need to be submitted to the Legislature in two years.

Recipients of a grant would also need to submit a report to the DNR on how the money was spent, and it would need to be publicly published. 

The program is set to expire on June 30, 2026, without a reauthorization from the Legislature and Gov. Tony Evers.

Ahead of the vote on Thursday, Team Knowles-Nelson, a coalition of Wisconsin environmental conservation organizations, fishing and hunting advocates, trail builders, bicycle enthusiasts and others, said in a letter urging lawmakers to vote against the bills on the Assembly floor that they don’t propose a “workable path forward.” 

“These bills include virtually no funding for land acquisition. Land trusts and local governments would have no dedicated ability to acquire land for either purpose — a fundamental departure from the program’s core mission,” Charles Carlin, the director of strategic initiatives at the nonprofit land trust organization Gathering Waters, said on behalf of the coalition. “While the bills provide habitat management grants to nonprofit conservation organizations, they impose an impractical framework. The grants are limited to habitat work on lands already owned by the state or local governments, excluding nonprofit-owned lands. This restriction undermines the collaborative conservation model that has made Knowles-Nelson successful for over three decades.” 

During debate on the two bills, Democratic lawmakers said the bills were inadequate and would not preserve the intent of the program. 

Rep. Vinnie Miresse (D-Stevens Point) declared that “every time Republicans amend the Knowles-Nelson proposal, it seems to get worse.” 

“Without land acquisition, Republicans have neutered this program and rendered it Knowles-Nelson in name only,” Miresse said. He added that lawmakers’ attitude of treating people with different opinions as a “threat” is how legislation that “ignores history, disregards broad public support and turns a shared legacy into just another talking point” gets a vote.

“They chose the extremes, and that choice will cost the state a program that Wisconsinites overwhelmingly support,” Miresse said. 

Rep. Angelito Tenorio (D-West Allis) said the bill is not a compromise, but is instead “table scraps.”

Rep. Supreme Moore Omokunde (D-Milwaukee) talked about being a “birder” — someone who watches and observes birds as a hobby.

“We had the option to do a cost to continue… and it was rejected, and that disheartens me because when I go to places like Horicon Marsh when the birds are coming in, are migrating in, and I get to see goldfinches — there’s nothing like watching a chimney swift swoop down and try to get some food, or when you’re out and just walking around and navigating a red-winged blackbird swoops down tries to peck you in the head because it thinks that you are a crane trying to steal its eggs,” Moore Omokunde said. “We need to provide these opportunities for so many people in the state of Wisconsin to enjoy this.”

Republican lawmakers argued that the proposal was better than the Knowles-Nelson program ceasing to exist.

Rep. Dean Kaufert (R-Neenah) said that the bill isn’t perfect but is a compromise that will allow the program to continue into the future. He added that it would “help preserve some of our beautiful natural areas” for future generations to enjoy.

“Sometimes we get caught up in partisan politics, but let’s not make this about partisan politics. This bill deserves strong, bipartisan support,” Kaufert said. 

“I would rather take half a cookie today, rather than no cookie today to make sure that we can continue the program,” Sortwell said. “You gotta vote yes today because if you vote no, you’re saying, you know, what? I’m not willing to compromise. It’s not good enough for me, and I’m going to vote no, because I’m going to be like a little kid and take my ball and go home.”

Evers told lawmakers in a letter earlier this month that he was “hopeful” they would be able to move forward on a reauthorization proposal for the Knowles-Nelson program.

“I would be glad to sign any reauthorization proposal that appropriately supports both land acquisition and property management of Wisconsin’s valuable natural resources and public lands to secure the future of this program that is so fundamental to Wisconsin’s proud and cherished tradition of conservation,” Evers said.

GET THE MORNING HEADLINES.

Correction: This story has been updated to correctly state the amount of money the amended bills would dedicate to the program.

Hearing held on Republican bill to set wolf population number

Collared Wolf

A gray wolf. (Wisconsin DNR photo)

Wisconsin Republicans on Thursday continued their yearslong effort to reverse the Wisconsin Department of Natural Resource’s decision not to quantify a specific statewide goal for the state’s gray wolf population with a public hearing on a bill that would require the agency to set one. 

The bill, authored by Sen. Rob Stafsholt (R-New Richmond) and Rep. Chanz Green (R-Grand View), is unlikely to be signed into law by Gov. Tony Evers if it’s passed, but shows how the contentious politics around wolves continue to play a major role in the state’s natural resource policy debates — especially in an election year. U.S. Rep. Tom Tiffany, seen as the frontrunner in the Republican primary for governor, was the author of a bill recently passed in the House that would remove the gray wolf from the federal endangered species list. 

State law in Wisconsin requires that whenever the wolf isn’t listed as endangered, the state must hold an annual wolf hunt. 

The state’s wolf management plan was updated for the first time in decades in 2023. The plan was established after a two and a half year process involving an advisory committee made up of 28 member organizations and thousands of public comments. 

Prior to the current plan’s adoption, Wisconsin was operating under a plan that was first approved in 1999 and then updated in 2007. That plan went into effect as the state was working to responsibly handle the animal’s return to the state after its extirpation in the 1960s. 

Initially, the state set a  population goal of 350 wolves. 

More than a quarter century after the 1999 plan’s adoption, the state’s wolf population is estimated to be about 1,200 wolves. The 350 number that was initially set as an aspiration for a healthy wolf population has come to be seen by some hunters and farmers as a wolf population ceiling. 

But under the current wolf management plan, the DNR opted to use an “adaptive management” system which forgoes setting a specific population number. Instead, the state gets divided into zones and in each zone the DNR annually assesses the local wolf population to decide if it needs to be kept stable, allowed to grow or reduced through a hunt. 

Adaptive management is the method used by the state for most other game species, including black bear, bobcat, coyote, white-tailed deer and wild turkey. But since the plan’s adoption, Republicans have been opposed to using the method for wolves. 

Rep. Green, the bill’s co-author, said that the growth of the wolf population in northern Wisconsin is causing a number of problems, including in the area’s deer population. 

“We’d like to see a wolf management goal in place where — most of these wolves are concentrated in northern Wisconsin and we’d like to see that reduced,” Green said. “It’s been heavily impacted on our deer populations and things like that.”

Research has shown that Wisconsin’s wolves have helped cause a noticeable decline in the number of vehicle-deer collisions that occur in the state. 

At the hearing, Chris Vaughan, Wisconsin director of the pro-hunting organization Hunter Nation, complained that the wolf management plan focuses too much on the social effects of the wolf population, putting too much weight on people’s personal views about wolves. Vaughan lamented how frequently Wisconsin’s plan uses the word “social” compared to other states

But representatives of the DNR said social carrying capacity is an important consideration for biologists when managing any species. 

“Dare I say the biological part of wolf management is the easy part,” Randy Johnson, the DNR’s large carnivore species specialist, said. ”We know how to have a pretty good system of monitoring the population. The science is pretty clear about how we can move the population up and down through harvest. It is the social side of this that continues to be the difficult part of it. Everybody knows it’s a contentious issue. Some people see it different ways, some people want more, some people want less and it’s our job to try to balance that.” 

Proponents of a hard limit on the wolf population also cast their argument in social terms.

Brad Olson, president of the Wisconsin Farm Bureau, said the state should have a specific population number to assuage the feelings of farmers who are traumatized by losing livestock to wolves. 

“For those of us who live in wolf country and deal with wolves on a day in, day out basis, at times, I think the number is very important to those of us in wolf country who have these issues,” Olson said. “You haven’t been on the farms like I have where, where the mule has been killed by a pack of wolves … and I think in all of this, what we’re really missing from the legislative side, from the DNR side, is we’re missing the impact of the mental health on rural ag and those in rural Wisconsin.” 

“When compared to other species where adaptive management works, wolves sit at a completely different intersection of biology, social politics and law, where this vague management tool is impossible to apply,” Vaughan said.

Democrats on the committee questioned the prudence of changing the DNR’s management plan before the wolf has been delisted and the plan has a chance to be put to the test when a hunt must be held. 

“So if we actually could accomplish [a healthy wolf population] utilizing the tools and the science that the DNR has provided, would that or would that not actually accomplish the goal?” Sen. Kristin Dassler-Alfheim (D-Appleton) asked.

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